Common use of DISCIPLINE AND DISCHARGE Clause in Contracts

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 110.1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, Employer may discharge or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status suspend any employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands The Employer will follow a policy of progressive discipline, which shall include in order: one (1) verbal warning, one (1) written warning, one (1) suspension without pay, not to exceed three (3) work days, and finally termination, provided, however, in cases where the severity of the Employee's actions or the gravity of the problem warrants a different mode of discipline, the Employer, at its discretion, may waive the progressive disciplining procedure. Further, an employee may exercise the discretion of whether to inform the Union or its representative(s) of a pending discipline action. The Union will inform the Employer which individual(s) are not designated to serve as representative(s) with respect to discipline actions, including grievances. Section 10.2. Any verbal or written warning shall be subject to steps 1 and steps 2 of the arbitration grievance procedure. Any suspension or discharge shall be subject to all three steps of the grievance procedure, except for probationary employees who shall be subject to termination at the discretion of the Employer. Probationary employees may request reconsideration of any suspension or discharge through steps 1 and 2 of the grievance procedure. Section 210.3. A The employee and the Union shall receive written predismissal notice shall notification from the Employer of the employee's suspension/termination and statement of charges. Section 10.4. While an employee is under investigation and on administrative leave, salary and employee benefits will be given to provided by the District, if the employee is eligible and available for work. When a regular status employee against whom a charge charge(s) is presented. Such notice shall include the known complaintssustained, facts and charges, and a statement that the employee may be dismisseddisciplined or discharged for just cause and no salary or employee benefits will be paid after that date. The When a charge(s) is not sustained, the employee shall be afforded compensated for extra trips missed while on administrative leave measured as a daily average over the previous three months of work. Section 10.5. If the charge(s) are found to be without just cause, the employee will be reinstated with all salary benefits from the date of suspension/discharge. Section 10.6. In case of disciplinary discharge or suspension of an employee, the employee shall be granted, if he so requests, an opportunity to refute such charges or present mitigating circumstances to have the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a caseShop ▇▇▇▇▇▇▇, the Labor Relations Unit will respond. Once the response Business Representative, or another employee present at any Employer meeting where disciplinary action is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingdiscussed. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 114.1 Following completion of the probationary period provided in this Agreement, an employee shall not be disciplined or discharged except for just cause. The principles An employee shall have the right to request a union representative during an investigatory meeting that the employee reasonably believes could lead to discipline. It is understood this right shall not unduly delay the investigatory process. Paid release time may be granted to such a representative contingent upon staffing requirements of the Facility. 14.2 In taking disciplinary action, the Employer shall follow the principle of progressive action directed towards the goal of correction; however, the parties acknowledge that there may be circumstances justifying immediate suspension or discharge. All discipline shall take place in a private area except when immediate correction is required due to resident safety or other urgent concerns. In these cases, follow-up shall occur in a private area. 14.3 Progressive discipline shall be administered in accordance with M.O.M. Policy which incorporates the "informal actions" under ARM 2.21.6508 and "formal disciplinary actions" under ARM 2.21.6509. Informal actions include corrective counseling and oral warning. Formal actions include written warning, suspension, demotion, and discharge. It is understood that progressive discipline may also involve other corrective action. All incidents of progressive discipline shall be used except when documented and the nature of information will be given to the problem requires an immediate suspensionemployee. This may be done via e-mail, terminationwritten missive or other documentable communication. 14.4 Due process investigations shall be instituted as expeditiously as possible as circumstances would permit. 14.5 Formal disciplinary action, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service as referenced in this unit may be warnedArticle, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not is subject to the grievance and arbitration procedurearticle of this Agreement. Section 2. A written predismissal notice 14.6 Any termination for cause shall be stated in writing and given to the terminated nurse. 14.7 Written warnings and informal discipline will, at the request of the Employee, be expunged from the Employee’s file 18 months following issuance provided there have not been additional formal actions of the same nature issued during that year. 14.8 Suspensions will, at the request of the employee, be expunged from the Employee’s file two (2) years following issuance provided there has not been additional formal actions of the same nature issued in those years. 14.9 A nurse may inspect their personnel file at any time in the presence of a regular status employee against whom management designee and in an area designated by management. All disciplinary documents and other documents of a charge is presented. Such notice performance related nature placed in a nurses’ personnel file shall include be first discussed with the known complaintsnurse, facts and chargesthe nurse will be offered the opportunity to initial the document prior to it being placed into the nurses file, and a statement that although the employee may be dismissedinitialization does not necessarily signify agreement. The employee shall nurse has the right to submit comments or a rebuttal, which will be afforded an opportunity to refute such charges or present mitigating circumstances affixed to the Ombudsman disciplinary, or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeperformance related document. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 1. The principles (a) No Employee shall be discharged, suspended, demoted, or given a written reprimand without just and reasonable cause. (b) Reasons for discipline including suspension, demotion, and discharge shall be submitted in writing to the employee with a copy to the Union. (c) All letters of progressive a disciplinary nature shall be removed from an employee’s file after 18 continuous months without the imposition of discipline of a similar nature. 18.02 Three (3) business days after an employee whose employment is terminated by the Employer, as set forth in Clause 18.01 above, shall be paid all vacation credits and salary due upon such termination of employment. 18.03 All discipline shall be used except when assessed in writing and copied to the nature Union within seven (7) days of the problem requires an immediate suspensionincident or first knowledge of the Company or be deemed null and void. The Employer may request of the Union a time limit extension, termination, reduction of pay, or demotion. Discipline which shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedureunreasonably denied. Section 2. A written predismissal notice shall be given (a) Prior to a regular status employee against whom a charge is presented. Such notice shall include the known complaintsany discipline taking place, facts and charges, and a statement that the employee may be dismissed. The an employee shall be afforded interviewed by a Union Representative and/or Union ▇▇▇▇▇▇▇. No interview shall take place until the employee has his Union Representative and/or Union ▇▇▇▇▇▇▇ present, otherwise all discipline shall be deemed null and void unless representation is waived by the employee. (b) When a Union ▇▇▇▇▇▇▇ requires time off from work to accompany an opportunity employee to refute such charges or present mitigating circumstances an interview pursuant to this Clause, the Union ▇▇▇▇▇▇▇ must notify the Employer regarding his required absence and this leave shall be granted without loss of pay. 18.05 The Employer agrees that access to an employee’s Personal File shall be provided to the Ombudsman or his/her designee employee, upon request, with an appointment and during office hours. He may request a representative of the Union to be present at a the time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeof such examination. Section 3. The dismissal of 18.06 Whenever an employee signs a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly document pertaining to DAS Labor Relations. Failure discipline, they do so only to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingacknowledge that they have been notified accordingly. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline (a) No employee shall be used disciplined or discharged except when for just and sufficient cause. (b) Where a supervisor intends to interview an employee as part of an investigation that may result in disciplinary action, the nature employee shall have the right to have a ▇▇▇▇▇▇▇ present at any such interview. If the employee concerned is a ▇▇▇▇▇▇▇, he shall have the right to have another representative of the problem requires Union present, if he so desires. Provided the Employer has acted in good faith, failure to have such ▇▇▇▇▇▇▇ present will not invalidate any disciplinary action taken against the employee. 20.02 Where an immediate suspension, termination, reduction of employee is disciplined by suspension without pay, or demotion. Discipline shall includeby discharge, but not be limited to: written reprimands; reductions the Employer shall, within five (5) working days following the suspension or discharge, notify the employee and Local Union President in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted writing of the reasons for the suspension or dismissed only for just cause. Verbal reprimands are not subject to the arbitration proceduredischarge. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints20.03 Under extenuating circumstances, facts and charges, and a statement that the an employee may be dismissedsuspended immediately by his immediate supervisor. The employee shall Except where the employees conduct is so serious that it would be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed inappropriate to continue workhis pay, as specified within the predismissal noticesuch suspensions shall normally be with pay. Section 3. The dismissal 20.04 Where an employee alleges that he has been suspended or discharged in violation of a regular status employee Article 20.01, he may be appealed by the Union within ten (10) working days of the effective date on which he was notified in writing, or within twenty (20) days of the date of the dismissal directly to DAS Labor Relations. Failure to file suspension or discharge, whichever is later, invoke the appeal within grievance procedure, including provisions for arbitration, and for the ten (10) working day period purpose of a grievance, alleging violation of Article 20.01, he shall constitute forfeiture lodge his grievance at the final level of the claim grievance procedure. 20.05 Where it is determined that an employee has been disciplined by suspension without pay, or by discharge, in violation of Article 20.01, and the case Employer decides or an Arbitration Decision rules, that the employee be reinstated in his former position without loss of seniority, regular pay or any other benefit which would have accrued to him if he had not been suspended or discharged, the employee will be so reinstated on those terms. Such pay shall be considered closed by paid to him at the parties. Within fifteen (15) working days end of the receipt next complete pay period following the reinstatement. 20.06 The Employer agrees not to introduce as evidence in a hearing relating to a disciplinary action any document from the file of an employee, the Union’s appeal existence of which the employee was not aware of at the time of filing. 20.07 Notice of a case, disciplinary action which may have been placed on the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select personal file of an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator employee shall be made within thirty destroyed after three (303) calendar days following years have elapsed since the close of the hearingdisciplinary action was taken provided that no further disciplinary action has been recorded during this period. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her their designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall may include, but not be limited to: verbal warnings; written reprimands; reductions in pay; demotionsdemotion; suspensions without paysuspension; and dismissal. A regular status employee who has completed initial trial service in this unit may When circumstances warrant, not all steps will be warnedused. If not all steps of progressive discipline are used, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject management will give written justification of the variance from progressive discipline to the arbitration procedureemployee at the time discipline is imposed. Section 2. A written predismissal pre-dismissal notice shall be given to a regular status employee against whom a charge who is presentedbeing considered for dismissal at least seven (7) calendar days prior to its effective date. Such notice shall include the then known complaints, facts facts, and charges, charges and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges charges, or present mitigating circumstances circumstances, either in writing or by meeting with the Executive Director or designee, prior to the Ombudsman effective date. The employee may be suspended with or his/her designee at a time and date set forth without pay or be allowed to continue to work as specified in the pre-dismissal notice. Section 3. Upon request, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The an employee shall be permitted to have a Union representative present at any meeting which is disciplinary in nature or which, in the employee's opinion, may become disciplinary in nature. If an official employee perceives that a meeting has become disciplinary in nature, the employee has the right to suspend the meeting until a Union representative can be present. The Appointing Authority may suspend If an employee is unable to arrange representation for the employee with pay or scheduled disciplinary meeting, they shall be entitled to an extension of up to three (3) additional work days to arrange for representation. In the employee may event no representation can be allowed to continue workarranged, the meeting shall take place as specified within the predismissal notice. Section 3rescheduled. The dismissal limit of a regular status employee may be appealed by the Union within ten three (103) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenextended when mutually agreed upon in writing.

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 1. 12.1 The principles of progressive discipline which normally begin with verbal warning shall be used except when the nature of the problem requires more serious discipline, such as an immediate suspension, termination, reduction of pay, in pay or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status . Section 12.2 An employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted or dismissed discharged only for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. Verbal reprimands are not subject The appeal must state the reason for the appeal and must be submitted to the arbitration procedureDepartment of Administrative Services Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in .4 to .6 of Article 13 (Grievance Procedure). b. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed to Step 3 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). Section 2. 12.4 A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time notice which date shall not be more than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work, work as specified within the predismissal notice. Section 3. 12.5 The dismissal Agency will not formally discipline an employee in front of a regular status employee may be appealed by other employees or the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingpublic. Section 412.6 Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action by the Agency. An Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five (5) consecutive work days without authorized leave shall be deemed to have resigned. Section 12.7 The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the Union on the same day it notifies the employee. Section 12.8 Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 1. The principles 7.1 An employee, who has completed his /her probationary period as referenced in Article 6.1 of progressive discipline this Agreement, shall not be suspended, disciplined or discharged except for just cause. 7.2 All disciplinary actions shall be used except when applied in a fair manner and shall be consistent with the nature infraction for which disciplinary action is being applied. Causes for disciplinary action may include, but are not limited to, the following infractions: employee excessive lost time, deliberate refusal to work overtime without justification, failure to report an accident, or poor performance. For the infractions listed above, the employee may be subject to appropriate discipline, including suspension without pay or discharge. In addition to any verbal warning, the Building Principal or Special Education Director shall give at least one (1) written warning notice of the problem requires an specific complaint against such employee with a copy of same to the Union. 7.3 While on duty, causes for immediate suspension, termination, reduction of pay, or demotion. Discipline shall discharge may include, but not be limited to, the following: written reprimands; reductions in pay; demotions; suspensions proven theft, proven intoxication, being under the influence of illegal drugs, insubordination, incompetence or inefficiency, conviction of a felony, failure to perform assigned duties, failure to observe rules and regulations, inappropriate offensive behavior with students and/or staff, unauthorized/inappropriate use of computer equipment, possession of illegal drugs, sale of illegal drugs, unauthorized absence from work, manipulation of time sheets, walking off the job without pay; permission, and dismissalthreats to any person or school district personnel. A regular status If an employee who has completed initial trial service is suspected of using or selling illegal drugs, the local police will be notified for assistance and collaboration. The District, at its sole discretion, may choose to impose any lesser disciplinary measure for conduct listed in this unit may paragraph. 7.4 All suspensions and discharges for employees outside of the probationary period must be warned, reprimanded, suspended stated in writing with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject reason(s) and a copy given to the arbitration procedure. Section 2employee and the Union at the time of suspension or discharge. A written predismissal notice shall Notice of appeal from discharge or suspension must be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances made to the Ombudsman or his/her designee at a time and date set forth Superintendent in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenwriting eight

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 11 No employee may be dismissed or suspended without just cause. The principles Nothing shall prohibit the Collective Bargaining Unit from investigating any dismissal or suspension and resorting to the Grievance Procedure where the employee is not subject to Department of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service Personnel regulations provided in this unit Agreement. Until the case has been discussed with the President in matters not covered by the Department of Personnel regulations, no employee may be warneddismissed or suspended, reprimandedexcept where the provisions of this section provide for immediate dismissal or suspension. In the event that it is decided, suspended as provided in the Grievance Procedure set forth in this Agreement, that the suspension or discharge was without just cause, the decision shall provide for reinstatement with or without back pay. If the decision directs reinstatement with pay, reduced in paythe Employer shall not receive any credits for wages or compensation earned by the employee while he/she was out of the Employer’s employ. Except where an emergency prevents it, demoted grievances concerning dismissal or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice suspension shall be given advanced over all other matters pending for grievance hearings and shall be promptly heard. Except in the case of immediate suspension with intent to a regular status employee against whom a charge is presented. Such notice shall include dismiss for the known complaintscauses set forth below, facts and charges, and a statement that the no employee may be dismisseddismissed or suspended for his/her first offense but shall receive at least one written warning for each different offense. The employee parties agree that causes for immediate suspension with intent to dismiss without first discussing the matter with the Business Agent shall be afforded an opportunity to refute such charges the following: 1. Calling or present mitigating circumstances to participating in any unauthorized strike, work stoppage or walkout. 2. Drunkenness, proven during working hours, or being under the Ombudsman influence of drugs or alcohol during working hours. 3. Proven theft or dishonesty. 4. Unprovoked assault on his/her Employer or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union Employer’s representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeduring working hours. Section 35. The dismissal of a regular status employee may be appealed by Willful conduct intended to damage equipment or injure fellow employees or third parties. In each instance, the Union within ten (10) working days Employer shall promptly notify the Collective Bargaining Unit of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingaction in writing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive A. Progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or dismissed only suspended for just causesafety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the arbitration procedureGrievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. Section 2. A C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee OSFM at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative a Union Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. Section 3. The dismissal D. Discharge of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor RelationsSTEP 3. Failure to file The appeal must state the reason for the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if with sufficient specifics E. If the grievance is not resolved at the Director level, the Union may appeal the case shall (if it chooses to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitratorappeal) file, qualified per Section 5 of this Articlein writing, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made for arbitration within thirty fifteen (3015) calendar days following the close of date the hearing. Section 4STEP 3 response was due or received. An employee shall receive written notice of The appeal must state the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file reason for the appeal within with sufficient specifics to process the tengrievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

Appears in 3 contracts

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

DISCIPLINE AND DISCHARGE. Section 1. ‌ 16.01 The principles Employer shall not discipline, suspend or discharge an Employee without just and sufficient cause. 16.02 The Employer recognizes the principle of progressive discipline shall be used by adopting the procedures set forth in this Article. 16.03 The Employer recognizes that an oral reprimand or a written warning should precede suspension or discharge, except when in the nature case of the problem requires an immediate suspensiongross neglect of duty, termination, reduction of payposition abandonment, or demotion. Discipline shall includegross misconduct, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice that an Employee shall be given a set and reasonable time period in which to demonstrate the required sustained improvement in the area of concern. 16.04 Discipline, where warranted, shall only be imposed at a regular status employee against whom meeting with the Faculty Supervisor or a charge is presentedperson designated by the Employer convened for this purpose. Employees shall be given seventy-two (72) hours notice of such meeting. Such notice shall include be in writing, shall contain the known complaints, facts and chargesallegations giving rise to the meeting, and shall advise Employees that they are entitled to be accompanied at this meeting by a statement that the employee may Union Representative. Employees are entitled to be dismissed. The employee heard at such meeting, and shall be afforded an opportunity entitled to refute such charges or present mitigating circumstances append comments to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested any disciplinary letter. 16.05 A copy of any disciplinary letter shall be provided by the employee and/or his Union representative and agreed Faculty Supervisor to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten three (103) days of such a meeting. 16.06 Employees shall have the right to review their employment file once per year by submitting such request in writing to Human Resource Services. An appointment to review the file will be arranged within five (5) working days of receipt of such request. The Employee may be accompanied by a Union Representative if he or she so wishes. 16.07 Upon request, a representative of the effective Union shall have the right to examine the personnel file of an Employee in the latter’s absence, if such representative has the necessary form from Human Resources Services with an original signature of the Employee. 16.08 Records of discipline shall be removed from an Employee’s file twelve (12) months from the date of the dismissal directly to DAS Labor Relations. Failure to file the appeal such discipline, provided that no further discipline has been recorded within the ten (10) working day period shall constitute forfeiture of the claim and the case that period; or shall be considered closed by removed at the parties. Within fifteen (15) working days end of the receipt of the Union’s appeal of a casetheir employment, the Labor Relations Unit will respond. Once the response whichever is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingearlier. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. Except for probationary employees, no employee shall be disciplined or discharged except for just cause. Accordingly, the Colleges shall: a. Initiate discipline procedures within a reasonable time of being put on notice of the offense; b. Apply discipline with a view toward uniformity and consistency; c. Adhere to the principle of progressive discipline. However, the parties agree that every discipline matter must be judged on all surrounding circumstances and that the penalty imposed may vary depending on such circumstances. Some acts of misconduct may warrant a more serious penalty and lesser sanctions may not be appropriate. The principles order of progressive discipline shall be: oral reprimand, written reprimand, suspension with or without pay, and dismissal. 2. At any time during the probationary period, the Colleges may terminate employment. Such termination is final and not subject to the grievance and arbitration provisions of this Agreement. 3. Prior to the end of the probationary period, the supervisor shall recommend to the President whether or not the employee shall be used retained beyond the probationary period. 4. A staff member shall not be disciplined for acts, except when those which constitute a crime, which the College became aware of more than one (1) year prior to the service of the notice of discipline, except for sexual harassment. 5. Whenever an employee is required to give oral statements to their supervisor or manager, or a college investigator, which the employer believes may lead to discipline against the employee, or whenever the employee is called to a meeting where discipline is to be imposed on the employee, they shall be notified of their right to request the presence of a union representative, and, upon such request, the union representative shall have the right to accompany the employee to any such meeting. At an investigatory interview, a college is free to insist on only being interested in hearing the employee’s own account of the matter under investigation and remains in command of the time, place, and manner of the interview, with no duty to bargain with any union representative who attends the interview. In the event an employee is required to provide written statements which may lead to discipline against the employee, the employee shall be notified of their right to consult with a union representative before providing the written statement. 6. Absent extenuating circumstances which prevent the Colleges from providing timely notice, the union shall be provided 24 hours advance notice of any such interview, including reasonable notice of the nature of the problem requires an immediate suspension, termination, reduction allegations of pay, or demotionmisconduct. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; The union representative may advise the employee and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject raise objections to the arbitration procedureextent necessary to protect the employee’s rights. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 111.1 The Employer shall have the right to discharge or otherwise discipline Employees for just cause in accordance with the Rules of Conduct set forth in Exhibit B and Employer policies and practices as promulgated from time to time. The principles For purposes of progressive discipline shall be used except when this Article, the nature Parties agree that if the Employer establishes by a preponderance of the problem requires evidence that an immediate suspension, termination, reduction Employee has committed any of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date offenses set forth in the noticeRules of Conduct, unless the Employer has “just cause” to discipline that Employee. The Parties further agree that the appropriate disciplinary penalties for Rule of Conduct violations are set forth in Exhibit B. 11.2 The offenses listed as “Category II Offenses” in Exhibit B warrant progressive discipline as follows: a. written warning for the first Category II Offense; b. up to a different time five (5) day unpaid suspension for the second Category II Offense; and c. termination for the third Category II Offense. 11.3 The Employer will issue disciplinary action in writing. 11.4 The Employer will provide the Union, upon request, with a copy of any written warning. 11.5 The Employer will provide the Union with a copy of any suspension or termination. 11.6 An Employee is requested entitled, upon request, to Union representation at each step in the disciplinary process. A request for Union representation shall not unduly delay the administration of discipline by the employee and/or his Employer. 11.7 When an Employee reasonably believes an interview with management may result in a determination of discipline, the Employee may ask for a Union representative. Under such circumstance, the Employer will grant the Employee’s request. However, participation by the Union representative and agreed to by the Agency. The employee shall will not be permitted to have an official interfere with the Employer’s investigation. No other representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal be involved in the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearinginvestigatory interview. Section 4. An employee shall receive 11.8 A written notice warning will not be used as the basis for suspension twelve (12) months after its issuance, unless the Employee commits the same Rule of Conduct violation for which the discipline with the specific charges and facts supporting the disciplinewritten warning was issued. A written reprimandsuspension will not be used as the basis for discharge thirty-six (36) months after its issuance, reduction unless the Employee commits the same Rule of pay, demotion and/or Conduct violation for which the suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenwas issued.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but Employees covered by this Agreement will not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only discharged except for just cause. Verbal reprimands are not Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four (24) hours to submit the arbitration procedure. Section 2report. A written predismissal notice Potential charges shall be given to a regular status laid or notice of investigation against an employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following of the close knowledge of the alleged incident or of the discovery of any infraction which may result in charges. An employee's Section Head shall investigate incidents at a meeting at which the employee concerned is entitled to be present and to be represented by no more than two (2) Union representatives. The employee concerned shall be given at least twenty-four (24) hours' advance notice of the purpose of the meeting and of his entitlement to U representation. An employee's Section Head may give written reprimands but suspension or dismissal may only be imposed after the hearing of a charge by a Regional Vice-president or his delegate. A charged employee may be held out of service by his Section Head for a period not to exceed three (3) days, pending investigation by the Regional Vice-president or his delegate and the officer ordering the holding out of service must immediately advise the employee in writing of the charge or charges against him. Charges referred to the Regional Vice-president or his delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to be present and to be represented by no more than two (2) Union representatives. Once the Vice-president or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of wrongdoing by the employee, he shall advise within five (5) days the employee of the anticipated date of the hearing of the charges. The Regional Vice-president or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be imposed, or whether the charged employee is exonerated. In the event his decision involves suspension or dismissal, he shall, within three (3) days of the hearing. Section 4, notify the charged employee and his Local Chairperson, in writing, of the decision. An employee who is exonerated of all charges against him shall receive written notice be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority. An employee's service record shall be cleared of all disciplinary actions notes, letters and correspondence after eighteen (18) months of the most recent disciplinary action. Employees covered by this Agreement shall not be subject to discipline with or discharge for failing to cross any picket line where there is danger of bodily harm. The Corporation agrees that past disciplinary information of which the specific charges employee was not aware has no value, and facts supporting therefore, shall not be introduced as evidence in the discipline. A written reprimanddisciplinary investigation, reduction nor in the Grievance re including arbitration Representation Rights At any administrative inquiry, hearing or investigation conducted by a Board named by the Corporation into an operating irregularity as defined under this where the actions of payan Employee may have had a bearing on the events or circumstances leading thereto, demotion and/or suspension and the Employee is required to appear at the administrative inquiry, hearing or investigation being conducted into such irregularity, he or she may be appealed to Step 1 accompanied by a Union representative of his or her choice. The unavailability of the Grievance Procedure within ten (10) working days from Union Representative of choice will not delay the effective date of the action. Failure to file the appeal within the teninquiry, hearing or investigation more than twenty four

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline SWs shall not be used except when the nature of the problem requires an immediate suspensiondisciplined, termination, reduction of paysuspended, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions discharged from employment without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject Discharge, for purposes of this Agreement, shall mean the termination of a SW’s employment appointment prior to the arbitration procedureexpiration of that appointment. Section 2. A written predismissal notice shall be given Neither Discipline nor Discharge includes the non-reappointment of a SW or the failure to offer an employment appointment to a regular status employee against whom a charge is presented. Such notice shall SW, nor does it include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges performance evaluations or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeperformance. Section 3. The dismissal of a regular status employee may be appealed by Prior to invoking suspension or discharge under this Article. the University shall: 1. Notify the SW (and Union within ten (10) working days of the effective date of the dismissal directly pursuant to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 12 of this Article) in writing about the proposed suspension or discharge. Such notice of intent shall state the reasons for the proposed suspension or discharge, including the nature of his or her selectionthe alleged violation, level of intended discipline, and notice of the right to a hearing. The letter notice shall include also contain a calendar statement indicating that as a member of potential datesthe bargaining unit, the SW has the right to contact their Union and to have Union representation, along with contact information to reach a Union representative. 2. Hold a disciplinary hearing with the SW, and the SW’s supervisor or designee no sooner than seven (7) business days after the written notification is received by the SW. 3. During the hearing, the SW shall be provided the opportunity to respond to the alleged violations. 4. The final decision SW shall have a right to a union representative, who shall be afforded the opportunity to represent and order speak on behalf of the Arbitrator shall SW at the hearing. A decision on suspension or discharge will be made within thirty (30) calendar days a reasonable time following the close conclusion of the hearing. The Union will receive a copy of the final disciplinary action in accordance with Section 12 of this Article. Section 4. An employee Prior to invoking discipline of a lower level than suspension or discharge, the University shall receive notify the SW (and Union pursuant to Section 12 of this Article) in writing. The written notice shall state the reasons for the proposed discipline, including the nature of the alleged misconduct or poor/non-performance; a brief statement of relevant facts; the level of intended discipline. Section 5. There shall be no increase in the assigned level of discipline from the written notice of intent. Section 6. The University may place a SW on paid administrative leave without prior notice, in order to investigate allegations of misconduct or dereliction of duty which, in the judgment of the University, warrant immediately relieving the SW from all work duties and/or require removing the SW from the premises. A. The SW (and Union pursuant to Section 12 of this Article) will be notified, as soon as practicable, in writing when a SW is being placed on paid administrative leave. The written notice shall state the reason the SW was placed on paid administrative leave. The notice shall also contain a statement indicating that as a member of the bargaining unit, the SW has the right to contact their Union and to have Union representation, along with contact information to reach a Union representative. B. Paid administrative leave is neither discipline nor discharge. C. At the conclusion of an investigation of an SW placed on administrative leave, where the University elects not to take disciplinary action, the SW (and Union pursuant to Section 12 of this Article) will be provided with a notification that the specific charges investigation is completed and facts supporting that no discipline will be imposed. D. The University will place a record of administrative leave in the disciplineSW’s employment record only if disciplinary action is taken. A The University will transfer records of such administrative leave to a third party only if required by law or regulation. Section 7. In the event that a SW is discharged, the SW shall be notified in writing as soon as practicable. In accordance with Section 12 of this Article, the Union shall also receive a copy of such written reprimand, reduction notice within three (3) business days of pay, demotion and/or suspension may the discharge. Section 8. SWs who are disciplined or discharged shall be appealed entitled to file a grievance against the disciplinary action at Step 1 2 of the Grievance Procedure within ten twenty (1020) working business days from the effective date of the action. Failure If the Union subsequently files for arbitration, the parties agree to file use best efforts to secure an arbitration date as expeditiously as possible. Section 9. If during the appeal within disciplinary hearing referred to in Section 3, the tencharges are dismissed, any material concerning the dismissed charges shall be removed from the SW’s employment record. If any subsequent grievance results in a favorable decision for the grievant, then any material concerning the discipline shall not be considered part of the SW’s employment record nor shall it be transferred to any third party unless required by law or regulation. Section 10. As an alternative or in addition to issuing disciplinary action, the University may recommend reasonable remedial measures when appropriate. Such remedial measures must be rehabilitative rather than punitive and at no cost to the SW. Section 11. The University and the Union shall maintain the confidentiality of all disciplinary actions except on a need-to-know basis or consistent with FERPA to the extent it applies.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Employment Agreement

DISCIPLINE AND DISCHARGE. Section 12 A. No employee shall be disciplined without cause and compliance with 3 applicable provisions of this Contract. Discharge for incidents of misconduct 4 or neglect of duty shall be subject to the progressive disciplinary procedure. 5 B. The Employer agrees that the principles of progressive discipline shall apply 6 to all incidents disciplinary actions. Each act of discipline shall be used except when gauged by 7 the nature severity of the problem requires an offense. Progressive discipline does not preclude 8 immediate suspension, termination, reduction disciplinary action in cases of pay, serious and/or overt actions. Such 9 suspensions may be upgraded to dismissal if a subsequent investigation 10 indicates such action is required. 11 C. Disciplinary actions shall be defined as warnings; reprimands (written or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions12 oral); suspensions (with or without pay); and dismissaldischarge. 13 D. Prior to any disciplinary interviews the employee shall be informed that this 14 is disciplinary in nature. A regular status All disciplinary interviews and reprimands shall be 15 made in private. For all disciplinary hearings or actions, an affected 16 employee who may, if he/she deems it necessary request the presence of a 17 representative, and when such request is made, the hearing or action shall 18 not proceed until the employee has completed initial trial service been given a reasonable period of time to 19 secure representation. 20 E. Nothing contained herein shall prevent verbal communications between 21 administrators and employees without the presence of a representative. 22 Such contacts including commendation, questioning, suggesting, directing, 23 reminding, and correcting, shall be termed casual and shall not require the 24 presence of a representative. If an employee believes such communication is 25 becoming disciplinary in this unit may nature, the employee has the right to ask that a 26 Union representative be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject present. 27 F. Prior to the arbitration proceduresuspension or discharge of an employee, the employee shall 28 receive prior notice of the possible action, with such notice containing reason 29 or reasons for the action. Prior to the suspension or discharge, said employee 30 shall be entitled to a hearing before the Superintendent, with Union 31 representation, for the purpose of discussing the reasons and permitting the 32 employee to offer defense in his/her behalf. Section 2. A written predismissal notice 33 G. An employee shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaintscopy of any written warning, facts and chargesreprimand, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or 34 other disciplinary action entered on his/her designee at a time and date set forth in personnel record within five (5) 35 working days of the notice, unless a different time is requested action taken. Such documents shall be signed by the employee and/or 36 employee, with such signature indicating acknowledgment that the 37 document has been placed in his Union representative or her personnel file. If the unit member 38 refuses to sign the material, then the union official shall sign and agreed indicate 39 that the bargaining unit member refused to by the Agencysign. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend Further, the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by and 40 the Union President and/or Grievance Chairperson will receive a copy of any 1 suspension and/or discharge notice within ten five (105) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenthe

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

DISCIPLINE AND DISCHARGE. Section 1. 12.1 The principles of progressive discipline which normally begin with verbal warning shall be used except when the nature of the problem requires more serious discipline, such as an immediate suspension, termination, reduction of pay, in pay or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissalSee LOA – Verbal Discipline. A regular status employee who has completed initial trial service in this unit verbal warning may be warned, reprimanded, suspended with payacknowledged in writing and the employee shall be provided a copy. Section 12.2 An employee may be suspended, reduced in pay, demoted or dismissed discharged only for just cause. a. Discharge of a regular status employee may be appealed by the Union directly to binding arbitration within thirty (30) calendar days from the effective date of the discharge. Verbal reprimands are not subject Such appeal shall be heard pursuant to the arbitration procedureterms and conditions outlined in .4 to .5 of Article 13 (Grievance Procedure). b. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed to Step 3 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). a. When practical, an employee will be informed in writing prior to a fact finding meeting. Such notice will include the general nature of the meeting and whether the employee is the subject of the investigation or a witness. A copy of this Article will be provided with the notice, as it pertains to the employees’ rights and what to expect during the investigation process. When practical, the notice will also include any dates and locations that are known to the Agency. b. Interviews shall take place during the employee’s normal working hours and at their assigned work location unless mutually agreed or the Agency has a safety concern necessitating otherwise. Following the interview, an employee shall have five (5) days to provide additional information and supporting materials, unless an alternative deadline is mutually agreed upon. Section 2. 12.5 A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time is requested by notice which date shall provide employees with at least seven (7) calendar days from the employee and/or his Union representative and agreed date of the notice to by the Agencyprepare for response. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work, work as specified within the predismissal notice. Section 3. 12.6 The dismissal Agency will not formally discipline an employee in front of a regular status employee may be appealed by other employees or the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingpublic. Section 412.7 Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action by the Agency. An Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five (5) consecutive work days without authorized leave shall be deemed to have resigned. Section 12.8 The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the Union on the same day it notifies the employee. Section 12.9 Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 11 An employee covered by this Agreement who has successfully completed his/her probationary period shall be subject to the following procedure for disciplinary and discharge matters in lieu of and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. Section 2 Disciplinary action may include verbal warnings (with a written notation of such filed with the Director of Human Resources), written warnings, suspension, demotion, discharge, loss of paid leave credits, or any combination thereof. The principles A notice of progressive such discipline shall be used except when made in writing and served upon the nature employee, by personal service or by registered or certified mail. A copy of the problem requires an immediate suspension, termination, reduction notice of paydiscipline shall also be promptly provided to the local Union President. The specific acts for which discipline is being imposed, or demotion. Discipline shall includesought to be imposed, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice penalty shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth specified in the notice, unless a different time is requested by and shall include references to dates, times, and places to the extent practicable. Section 3 If the employee disagrees with the disciplinary action, the employee and/or his the Union representative and agreed to by may submit a grievance at the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend Stage 2 of the employee with pay or the employee may be allowed to continue work, grievance procedure as specified within the predismissal notice. Section 3in Article 19 of this Agreement. The dismissal of Failure to submit a regular status employee may be appealed by the Union grievance within ten (10) working days of the effective date receipt of the dismissal directly Notice of Discipline will constitute acceptance of the penalty by the employee and the Union and the matter will be deemed settled in its entirety. Subject to DAS Labor Relations. Failure a mutual written agreement between the “Union” and the “Director of Human Resources”, the time limit hereinabove specified may be extended. Section 4 It is expressly understood that the College shall be permitted to file impose the appeal within disciplinary penalty prior to expiration of the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal for submittal of a casegrievance challenging disciplinary action. If such discipline involves a suspension without pay, the Labor Relations Unit period of such suspension will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a exceed 30 calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingdays. Section 4. 5 An employee shall receive written notice have the right to be represented in disciplinary matters by a Union representative if the employee elects to do so. Such right of representation shall extend to any questioning of the discipline with employee which may lead to disciplinary action. The employee will be advised of such right of representation in writing prior to any such questioning. If the specific charges and facts supporting employee declines to have a representative present, he/she should indicate this in writing. If present, union representatives should be required to sign any warning notices issued to employees they represent. Section 6 No disciplinary action shall be commenced by the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 College more than one (1) year after the occurrence of the Grievance Procedure within ten (10alleged act(s) working days from for which discipline is being considered provided, however, that such time limitation shall not apply where the effective date act(s) would, if proved in a court of competent jurisdiction, constitute a crime. Section 7 Disciplinary action documents will be permanently retained in the actionemployee’s personnel file unless otherwise agreed by the parties in writing. Failure Employees are permitted to file submit rebuttal statements to the appeal within the tenHuman Resources Office for inclusion in their personnel files.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. A. The principles of progressive discipline (Verbal. Written Reprimand, Salary Reduction and Discharge) shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only for without just cause. Verbal reprimands or warnings are not subject to the grievance or arbitration procedure. A work plan is not discipline but may be used in conjunction with disciplinary action. Section 2B. An employee reduced in pay, demoted, suspended or dismissed shall receive written notice of the discipline and of the specific charges supporting the discipline. A An FLSA-exempt employee reduced in pay, demoted, or suspended shall receive written predismissal notice of the discipline and the specific charges supporting the discipline. An FLSA-exempt employee demoted or suspended consistent with the salary basis requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion, suspension or dismissal of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written pre-dismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency's Director at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative a Union Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal pre-dismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. Progressive discipline shall normally consist of a step of informal discipline (a verbal) which may be noted in a supervisory file followed by formal steps of discipline (written reprimand, suspension, termination, reduction in pay or vacation account, or demotion) which shall be placed in the employee’s personnel file. If the formal discipline cites a rule or policy that has been violated, copy of the rule or policy will be made available to the employee upon request. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status FLSA-non exempt employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to A regular status FLSA-exempt employee may be suspended consistent with the arbitration proceduresalary status requirements of the FLSA, reduced in leave accrual, demoted, or dismissed only for just cause. Section 2. A written predismissal notice shall be given to a regular regular-status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her designee at a time and date set forth in the notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless a different an earlier time is requested by the employee and/or his Union representative and agreed to by the AgencyProgram. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or without pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal Employees who are duty stationed and who work alternate schedules on weekends of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tentwo

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive Association agrees that the District has the right to discipline shall be used except when the nature of the problem requires an immediate suspensionemployee, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice A. In cases where the District determines to discharge, suspend or demote an employee, said employee shall be given to a regular status employee against whom a charge is presented. Such notice shall include have the known complaintscharges presented in writing and tendered, facts and chargesat the request of the employee, and a statement that in the employee may be dismissedpresence of an Association member. The employee shall be afforded an opportunity given two (2) weeks notice or two (2) weeks pay prior to refute such charges involuntary discharge. In cases of drunkenness, dishonesty, insubordination, abandonment of duties, or present mitigating circumstances to unexcused absence of more than three(3) consecutive days, the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted subject to immediate suspension and/or discharge without two (2) weeks notice or two (2) weeks pay. B. Documented chronic use of sick leave in excess of sick leave accrual and/or patterned use of sick leave may be subject to discipline and discharge. C. Where any disciplinary action involving an educational support employee(s) is undertaken, it will be handled in a confidential manner. D. Any educational support employee discharged, suspended or demoted shall have full access to the rights as provided in Grievance Procedures. In cases of termination, the appeal E. Any educational support employee found by the Board, or the Administration, to have been suspended or discharged unjustly shall be reinstated with full compensation for all lost time and full restoration of all other rights and conditions of employment. F. The District agrees to follow a policy of progressive discipline, provided, however, disciplinary action taken against an official representative present. The Appointing Authority may suspend employee shall be appropriate to the behavior which precipitates said action. G. Any complaint not called to the attention of the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following days, may not be used as the close of basis for any disciplinary action against the hearingemployee. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive A. Progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or dismissed only suspended for just causesafety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the arbitration procedureGrievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. Section 2. A C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee OSFM at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative a Union Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. Section 3. The dismissal D. Discharge of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor RelationsSTEP 3. Failure to file The appeal must state the reason for the appeal within with sufficient specifics to process the ten (10) working day period shall constitute forfeiture of grievance and must be submitted in writing to the claim and the case shall be considered closed by the parties. Within Director or designee with fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the actiondischarge. E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. Failure to file The appeal must state the reason for the appeal within with sufficient specifics to process the tengrievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Agency Director or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, The reduction of pay, demotion and/or suspension of a regular status employee may be appealed to Step 1 2 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. The Labor Relations Unit or Agency Director shall respond to the grievance within fifteen (15) working days. If the grievance is unresolved, the Union may submit the issue to arbitration within fifteen (15) working days after receiving the response from the Labor Relations Unit or Agency Director.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reasons for the appeal and be submitted to the Department of Administrative Services Labor Relations Unit in writing within ten (10) working calendar days of from the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the partiesdismissal. Within fifteen (15) working days of the receipt of the Union’s appeal notice of intent to arbitrate a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case send a letter to arbitration▇▇▇ requesting a list of arbitrators. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 6 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, The reduction of pay, demotion and/or suspension of a regular status employee may be appealed to Step 1 3 of the Grievance Procedure within ten (10) working calendar days from the effective date of the action. Failure to file If the appeal is not resolved at Step 3, the Union may appeal the action to the Department of Administrative Services Labor Relations Unit within fifteen (15) calendar days after receiving the tenresponse from the Agency. The Labor Relations Unit shall respond to the grievance within fifteen (15) calendar days. If the grievance is unresolved, the Union may submit the issue to arbitration within fifteen (15) calendar days after receiving the response from the Labor Relations Unit. Section 5. The parties agree that prior to arbitration of a disciplinary action involving a question of professional competence, either party, with notice to the other, may submit the issue to either the Board of Dentistry or the Oregon Dental Association for that organization's review and comment. Such comments will be considered advisory to both parties.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate used. An employee may only be given a formal written reprimand, suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted demotion or dismissed only dismissal for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2a. An employee reduced in pay or demoted shall receive written notice of the discipline no less than fifteen (15) days in advance of the action (except for suspension) with the specific charges supporting the discipline. A formal written predismissal notice shall be given to reprimand, reduction, demotion or suspension of a regular status employee against whom may be appealed to Step 2 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of disciplinary action shall follow the procedure and time frames outlined in Article 12 (Grievance Procedure). b. Discharge of a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the regular status employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested appealed by the employee and/or his Union representative and agreed directly to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section Step 3. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted to the Department of Administrative Services Labor Relations Unit within fifteen (15) calendar days from the effective date of the discharge. c. If the grievance is not resolved at Step 3, the dismissal of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Department of Administrative Services, Labor Relations Unit within ten (10) working calendar days of from the effective date of the dismissal directly to DAS Labor RelationsStep 3 grievance response was due or received. Failure to file the Such appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed heard by the parties. Within fifteen arbitrator pursuant to the terms and conditions outlined in Article 12 (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitrationGrievance Procedure). Section 3. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selectionAgency is committed to conducting investigations in a timely manner. The letter shall include a calendar of Agency will make reasonable efforts to begin the investigatory process on potential dates. The final decision and order of the Arbitrator shall be made disciplinary issues within thirty (30) calendar days following the close of becoming aware of the hearing. Section 4issue. However, the Parties recognize that circumstances and complexities of individual cases may delay initiation of an investigation. Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. An employee shall receive written will be provided reasonable notice in advance of an investigatory meeting. The employee will have the discipline opportunity to consult with a local Union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the specific charges and facts supporting the discipline. A written reprimandinterview, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenbut such consultation will not cause undue delay.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1The University and the Union agree to a procedure of progressive discipline. The principles parties adhere to the principle that discipline has the objective of progressive discipline improving the future performance of the employee. Discipline may include a verbal warning, written warning, suspension, discharge, other corrective action or any combination thereof and shall be used except when correspond to the severity of the matter. The University and the Union recognize the sensitive nature of the problem requires an immediate suspensiondisciplinary process and to that end, terminationwill strive whenever possible, reduction to handle all disciplinary matters in a private setting with relevant personnel only. Employee counseling and attempts to resolve matters of paydiscipline informally, or demotionincluding coaching, verbal counseling, letters of counsel and/or referral to the Employee Assistance Program (EAP), Carebridge, do not constitute discipline, nor do they constitute a part of the disciplinary procedure. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit Employees may be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed discharged only for just causecause whenever circumstances allow. Verbal reprimands are not Situations involving major infractions or offenses shall be exempted from progressive discipline and may subject an employee to discipline, including discharge, regardless of the employee's prior record. All disciplinary action, except verbal warnings shall be provided to the arbitration procedure. Section 2employee and union. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice Written discipline shall include the known complaints, facts reasons for the discipline and charges, and a statement that the employee may be dismisseddate of the infraction where appropriate. The employee shall will be afforded an provided the opportunity to refute such charges or present mitigating circumstances sign the statement to acknowledge receipt of the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by document If the employee and/or his Union is unable to sign the statement, a union representative and agreed to by for that department shall sign on behalf of the Agencyemployee. The If an employee shall be permitted to have an official representative present. The Appointing Authority may suspend is suspended for any reason the University will provide the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal and Union a written notice of a regular status employee may be appealed by the Union suspension within ten (10) working days days. An employee may not be disciplined or discharged more than six (6) months after the University becomes aware of the effective date of event giving rise to the dismissal directly discipline or discharge. Exclusions to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed this rule will include infractions by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitrationunion member that are classified as a misdemeanor or felony crime in nature as defined by New York State Penal law. The parties shall select an arbitrator and agree that the Labor Relations Unit will notify the arbitrator, qualified per Section 5 use of this Article, a "last chance agreement" may be used in certain cases of his or her selectiondischarge by mutual agreement. The letter shall include conditions of each last chance agreement will be determined by the parties on a case-by-case basis and will provide the employee an opportunity to maintain employment by meeting the expectations detailed in the last chance agreement. Written discipline will be declared inactive when the employee works twelve (12) calendar months without discipline. This period will be extended by any time of potential datesunpaid leave, vacation, or disability leave that is longer than one (1) work week in duration. The final decision and order life of discipline may be extended by mutual agreement of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingparties. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The 18.1 Unless otherwise warranted by circumstances, discipline shall follow the principles of progressive discipline, beginning with oral reprimand and proceeding to written reprimand, suspension, and discharge. Alternate forms of discipline shall may be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotiondeemed more appropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may probation shall be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only discharged except for just cause. Verbal reprimands are not subject . a. Any disciplinary meeting shall be documented in writing and such documentation will be presented to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include either at the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of meeting, or as a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure follow-up communication within ten (10) working days from the initial meeting. This written document will clarify to the employee the Agency’s expectations of their performance and the discipline to be imposed. This documentation shall also be sent to the Union within fourteen (14) calendar days of the employee’s receipt of documentation required under this Article. b. The Agency’s expectations of the employee’s performance, corrective actions needing to be addressed, types of support to be provided to the employee, will be given to the employee as a written document within a reasonable timeframe. In addition, management and the employee will agree on a specified timeframe to review progress made. 18.2 Employees will be notified of a complaint received against them within one (1) week of the receipt if an investigation will be conducted, unless to do so would compromise the investigation. 18.3 If LCOG determines that there is just cause for discharge, demotion, or suspension, then at least seven(7) calendar days prior to the effective date of the discipline, LCOG shall provide the employee with a written due process notice which includes the charges or allegations investigated, the disciplinary action being considered, the grounds for such action, and notice of the employee’s right to respond either orally or in writing to the person taking the action prior to the effective date. 18.4 Upon the request of the employee, the employee shall be entitled to have Union representatives present during interviews and at any pre-disciplinary meeting. Failure Additionally, up to file one ▇▇▇▇▇▇▇ trainee may also attend such meeting. The ▇▇▇▇▇▇▇ trainee shall not take notes nor in any subsequent meeting, arbitration or process may the appeal within trainee attest to the tencontent or substance of the meeting, whether orally or in writing. Only one Union ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ trainee shall be in paid time in such meetings. This opportunity for representation shall not unduly delay such interviews or meetings. This Section shall not apply to any interview or meeting with an employee in the normal course of work, counseling, coaching instruction, evaluation, or other routine contact with a manager. Such communications are not discipline and are not grievable. 18.5 If LCOG determines it is necessary to place an employee on administrative leave during an investigation or to give LCOG time to decide upon its contemplated action, that administrative leave shall be with pay. Employees on administrative leave are nonetheless subject to the direction of their manager during their regular work schedule; they must be available by phone or email at the start of their regular schedule and at the end of their regular schedule. Employees will be available to report to work upon the instruction to do so. 18.6 LCOG shall conduct all disciplinary and discharge actions with discretion to ensure the employee’s dignity, privacy, and confidentiality. 18.7 Throughout the entire discipline and discharge process, employees shall have access to Union representation, including on the day of termination.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline (written reprimand, salary reduction, suspension without pay and discharge) shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionused. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only for without just cause. Verbal reprimands are Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the interview, but such consultation shall not subject cause an undue delay. The Employer will make a good faith effort to provide all employees a minimum of twenty-four (24) hours of notice of an investigatory interview unless such notice will compromise the arbitration procedure. Section 2investigation. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts The Employer and charges, and a statement that the employee may be dismissedmutually waive, (in writing) the notice requirement. The employee shall be afforded Employer will make a good faith effort to begin disciplinary investigations within thirty (30) calendar days of the time the Agency becomes aware of the alleged misconduct/complaint. If an opportunity to refute such charges or present mitigating circumstances investigation is not completed within sixty (60) days, the Agency will provide status updates to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeevery thirty (30) days thereafter. Section 3. The dismissal a. Discharge of a regular status employee may be appealed by the Union within ten (10) working days to binding arbitration following the conclusion of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order Review step of the Arbitrator shall Grievance Procedure. Step 1 of a Discharge grievance will be made within thirty with the chief officer of a base (30if applicable) calendar days following or with the close head of the hearingemployee’s division within the Military Department. Step 1 may be waived by mutual agreement of the union and applicable manager. Section 4. b. An FLSA-non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline with and of the specific charges and facts supporting the discipline. A An FLSA-exempt employee demoted or suspended consistent with the salary basis requirements of the FLSA shall receive written reprimand, reduction notice of paythe discipline and of the specific charges supporting the discipline. The reduction, demotion and/or or suspension of a regular status employee may be appealed to Step 1 2 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenfifteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires 43.01 Prior to disciplining an immediate employee for just cause by written reprimand, suspension, terminationdemotion or discharge, reduction of pay, or demotionthe Employer shall hold a hearing with the employee. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the In exceptional circumstances an employee may be dismissedsuspended with pay until a decision is rendered in accordance with this Article, and in extreme circumstances an employee may be suspended without pay pending an investigation. When an employee is required to attend a meeting, the purpose of which is to conduct an investigation or render a disciplinary decision, the employee is entitled to have, upon request, a representative of the Alliance attend the meeting. The employee shall be afforded receive a minimum of twenty-four (24) hours written notice of, and the reason(s) for such a meeting, except where such notice is impractical. 43.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the Human Resources file of an opportunity to refute such charges or present mitigating circumstances to employee the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by content of which the employee and/or his Union representative and agreed was not provided prior to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An 43.03 Where disciplinary action has been taken, the employee and the Local shall receive written notice be notified in writing of the discipline with disciplinary action and the specific charges and facts supporting circumstances which made the discipline. A written reprimandaction necessary. 43.04 When an employee is suspended from duty, reduction of pay, demotion and/or suspension may be appealed the Employer undertakes to Step 1 notify the employee in writing of the Grievance Procedure within ten (10) working days from reason for such suspension. The Employer shall endeavour to give such notification at the effective date time of suspension, where practical. The Employer shall notify the local representative of the actionAlliance that such suspension has occurred. 43.05 During the probationary period, the Employer may reject an employee based on unsuitability. Failure Such rejection shall not be arbitrary, discriminatory or in bad faith. The just cause standard does not apply to file employees during probation. 43.06 In unusual situations where it is necessary for the appeal within Employer to notify the tenemployee by mail of their discharge, a copy of the discharge letter will be provided to the Union office.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. 1 The principles of progressive University shall not discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status discharge any employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only his/her probationary period except for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A 2 The University may discipline an employee by oral reprimand, written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaintswarning, facts and chargesdisciplinary suspension without pay, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges disciplinary demotion or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticedisciplinary salary reduction. Section 3. The dismissal A. Letters of a regular status employee may be appealed by disciplinary action must explain the Union within ten (10disciplinary action, the reason(s) working days for the disciplinary action, the effective date(s) of the disciplinary action and the University’s future expectation(s) of the employee. B. Letters of discharge must explain the reason(s) for the discharge action and the effective date of the dismissal directly discharge. C. At the request of the employee and/or the employee’s representative, if any, the University shall review with the employee and the employee’s representative, if any, letters of warning, letters of disciplinary action and/or discharge action. Section 4 Letters of warning, disciplinary and/or discharge action must be given to DAS Labor Relationsthe employee and the employee’s Union ▇▇▇▇▇▇▇ at the time the warning, disciplinary and/or discharge action takes place. Failure to file the appeal within the ten Within three (103) working day period days from the date the employee receives such letter, the University shall constitute forfeiture send a copy of the claim letter to the Union and the case shall be considered closed Chief ▇▇▇▇▇▇▇ in accordance with Article 16, Section 5. When feasible, any action taken by the parties. Within University in accordance with this Article will be completed within fifteen (15) working days from the date the incident occurred. A. The University shall place copies of letters of warning, disciplinary and/or discharge action in the employee’s personnel file, as well as the employee’s written comments, if any, regarding such letters. B. The University shall remove a letter of warning and/or disciplinary action, from the employee’s personnel file upon written request by the employee to the Associate Vice President for Human Resources with a copy to the Director of Employee and Labor Relations and Chief ▇▇▇▇▇▇▇, provided there have been no other warnings and/or disciplinary actions of the receipt of the Union’s appeal of same or similar kind for a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty two (302) calendar days year period following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tensuch letter.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used apply to disciplinary actions except when the nature of the problem requires an Agency must take a more immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissalaction. A regular status FLSA-non-exempt employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to A regular status FLSA- exempt employee may be suspended consistent with the arbitration proceduresalary status requirements of the FLSA, demoted, or dismissed only for just cause. Section 2. Employees who have completed their initial trial service shall not be subject to suspension and/or discharge except for just cause. Section 3. The Employer is committed to taking appropriate measures in creating and maintaining a professional workplace that is respectful, professional and free from inappropriate behavior pursuant to Agency policy or the Statewide Maintaining a Professional Workplace Policy (#50- 010-03). Section 4. A written predismissal pre-dismissal notice shall be given to a regular status employee employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her their designee at a place, time and date set forth in the notice, unless notice no less than seven (7) calendar days from the date the notice is received. The Agency will email a different time is requested by copy of the employee and/or his notice to the Union representative and agreed to by the AgencyRepresentative of record. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency, the employee may be suspended with or without pay, consistent with the salary status requirements of the FLSA, or be allowed to continue to work, as specified within in the predismissal pre-dismissal notice. Section 35. The dismissal Any unauthorized absence of a regular status an employee from duty shall be deemed to be an absence without pay and may be appealed grounds for disciplinary action. Any employee who absents himself/herself for three (3) consecutive work days without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Union Agency by a subsequent approval of leave with or without pay consistent with the salary status requirements of the FLSA, when extenuating circumstances are found to have existed. Section 6. An employee suspended or dismissed under the provision of this Article must submit a grievance in writing to the Superintendent or designee within ten (10) working calendar days of the effective date a notice of the dismissal directly action is delivered in person to DAS Labor Relations. Failure to file the appeal within the ten employee or fourteen (1014) working day period shall constitute forfeiture calendar days of the claim date the notice is placed in U.S. certified mail to the most recent address of record. The Agency will email a copy of the notice to the Union Representative. No employee shall be subject to disciplinary action or separation for: A) Disclosure, not prohibited by law, of violation of laws, rules, other improper actions or inefficiency of superior officers or fellow employees. B) Adherence to the Nurse Practice Act (ORS 678.301 - 678.410). C) Adherence to the Oregon Administrative Rules Chapter 851 established by the Board of Nursing pursuant to the Nurse Practice Act. A) The Agency is committed to conducting investigations in a timely manner. The Agency will make reasonable efforts to begin the investigatory process on potential disciplinary issues within thirty (30) days of becoming aware of the issue. However, the Parties recognize that circumstances and complexities of individual cases may delay initiation of an investigation. Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay. B) Upon request, an employee and the case shall be considered closed by employee’s representative may view any video recording that is used as evidence in any disciplinary action taken against an employee. C) If the parties. Within fifteen investigation of an allegation of patient abuse is not completed within sixty (1560) working calendar days of the receipt of the Union’s appeal notice of a caseinvestigation, the Labor Relations Unit will respond. Once the response is received employee may request and shall receive a status update from the Labor Relations Unit, if the grievance is not resolved the Union Superintendent or designee. Additional status updates may appeal the case to arbitration. The parties shall select an arbitrator be requested and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty provided as is reasonable and practicable, but no more than every fifteen (3015) calendar days following the close of the hearingdays. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when parties recognize the nature authority of the problem requires an immediate suspensionEmployer to suspend, termination, reduction of pay, discharge or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only take other appropriate disciplinary action against employees for just cause. Verbal reprimands are The employee who alleges that such action was not subject to based on just cause may appeal a suspension or discharge taken by the arbitration Employer beginning with Step 2 of the grievance procedure. Section 2. A written predismissal notice All other disciplinary action shall be given to a regular status employee against whom a charge is presentedbegin with Step 1 of the grievance procedure. Such notice shall include the known complaints, facts and charges, and a statement that the Any disciplinary action or measure imposed upon an employee may be dismissedprocessed as a grievance through the grievance procedure. The Employer shall not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. (See Appendix K for discipline related to attendance) Written reprimands, clarifications of expectations, or other similar memoranda shall be removed from the employee’s personnel file after one (1) year provided no further disciplinary action has been taken against the employee. The Employer shall provide written notification to affected employees prior to beginning an investigation into allegations of child abuse pursuant to Chapter 235A of the Code of Iowa and allegations of dependent adult abuse pursuant to Chapter 235B of the Code of Iowa and at the conclusion of such investigation. Whenever the Employer determines that an employee must be removed from a current work assignment pending the completion of an investigation by the Employer to determine if disciplinary action is warranted, the Employer may: 1. Reassign the employee to another work assignment at their current rate of pay for up to twenty-one (21) calendar days, or 2. Suspend the employee from work for up to twenty- one (21) calendar days. If the employee is suspended under number two (2) above, the employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to in pay status at their current rate of pay. If the Ombudsman or his/her designee at a time and date set forth investigation has not been completed within twenty-one (21) calendar days, the Employer will provide the ▇▇▇▇▇▇▇ who was involved in the noticeinvestigation (if applicable) and the local Union President with a report regarding the status of the investigation. Additional reports will be provided on a periodic twenty-one (21) day basis thereafter. If, unless a different time at the completion of the investigation, the Employer decides that suspension or discharge is requested by warranted, the employee and/or his Union representative and agreed Employer shall have the right to by recover the Agencypay provided during the period of suspension under number two (2) above, consistent with the disciplinary action. The Union shall receive written notice of any disciplinary action or measure imposed upon an employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section three (3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response time such action is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingtaken. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. Progressive discipline shall normally consist of a step of informal discipline (a verbal) which may be noted in a supervisory file followed by formal steps of discipline (written reprimand, suspension, termination, reduction in pay or vacation account, or demotion) which shall be placed in the employee’s personnel file. If the formal discipline cites a rule or policy that has been violated, copy of the rule or policy will be made available to the employee upon request. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status FLSA-non exempt employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to A regular status FLSA-exempt employee may be suspended consistent with the arbitration proceduresalary status requirements of the FLSA, reduced in leave accrual, demoted, or dismissed only for just cause. Section 2. A written predismissal notice shall be given to a regular regular-status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her designee at a time and date set forth in the notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless a different an earlier time is requested by the employee and/or his Union representative and agreed to by the AgencyProgram. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or without pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. a. The dismissal of a regular regular-status employee may be appealed by the Union to the Department of Administrative Services, Labor Relations Unit, pursuant to Article 14, Section 2, Step 4. The appeal must state the reasons for the appeal and be submitted to the Labor Relations Unit in writing within ten (10) working calendar days of from the effective date of the dismissal directly dismissal. If not resolved at that level and properly appealed to DAS Labor Relations. Failure arbitration pursuant to file the grievance procedure, such appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed heard by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The and the final decision and order of the Arbitrator arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An b. A FLSA-non exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A FLSA- exempt employee who is demoted, suspended without pay consistent with the salary status requirements of the FLSA, or reduced in leave accrual shall receive written reprimandnotice of the discipline with the specific charges and facts supporting the discipline. Where discipline is imposed as reduced leave accrual, such action shall be equivalent to a reduction in pay for a non exempt employee (if the leave is reduced to .5 hour, the agency can round up and if less than .5 hour, the agency can round down). The reduction of pay, reduction in leave accrual, demotion and/or suspension of a regular status employee may be appealed to Step 1 3 of the Grievance Procedure within ten (10) working calendar days from the effective date of the action. Failure to file If the appeal is not resolved at Step 3, the Union may appeal the action to the Department of Administrative Services, Labor Relations Unit within fifteen (15) calendar days after receiving the tenresponse from the Program. The Labor Relations Unit shall respond to the grievance within fifteen (15) calendar days. If the grievance is unresolved, the Union may submit the issue to arbitration within fifteen (15) calendar days after receiving the response from the Labor Relations Unit. c. Appeals of reprimands shall be filed at the level of the issuing authority pursuant to the grievance procedure. d. Trial service removals shall not be subject to Article 14, Grievance Procedure or this article. Section 4. It is the intent of the Program that discipline not be administered in the presence of other employees or the public, whenever possible. Section 5. Upon request, an employee shall have the right to Union representation during any investigatory interview that the employee reasonably believes could result in disciplinary action. The employee will have the opportunity to consult with a local Union ▇▇▇▇▇▇▇ or Field Representative before the interview, but such designation shall not cause an undue delay.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature A. No member of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee bargaining unit who has completed initial trial service in this unit may the probationary period six months shall receive a written reprimand or be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for discharged without just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status B. Whenever an employee against whom a charge is presented. Such notice shall include called before the known complaintsSuperintendent or an administrator concerning any discipline matter which could have an adverse effect on the employee's employment, facts and charges, and a statement that the employee may be dismissedand the Association shall receive prior written notice of the reasons for such meeting except in cases of mitigating circumstances. The employee shall be afforded entitled to have an opportunity to refute Association representative present for advice and representation during such charges meeting. For the purposes of this provision, meetings for the discussion of an employee's evaluation are exempt from these requirements. C. The Association President and Chairperson of the Grievance Committee shall be given written notice of any written reprimand, suspension or present mitigating circumstances to discharge of any member of the Ombudsman or his/her designee at a time and date set forth bargaining unit. D. Any employee discharged shall be paid in the notice, unless a different time is requested full for any outstanding wages and/or accumulated vacation in accordance with 26 M.R.S.A. Section 626. E. Suspension of an employee pending an investigation by the employee and/or his Union representative Superintendent and agreed to by the Agencydetermination shall be with pay. The A suspended employee shall be permitted entitled to have an official representative present. The Appointing Authority may suspend a hearing before the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union Superintendent within ten (10) working days unless an extension is mutually agreed upon in writing. F. Any member of the effective date bargaining unit disciplined (excluding verbal reprimands) or discharged shall be given written notice and the reasons thereof. G. Generally, discipline shall be progressive in nature, however, the concept of progressive discipline may be departed from depending on the severity of the dismissal directly to DAS Labor Relationsinfraction. Failure to file Additionally, in applying discipline, the appeal within following will be considered: 1. Where an employee might reasonably not understand that his/her conduct could have disciplinary consequences, the ten (10) working day period shall constitute forfeiture Superintendent must give the employee warning of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days possible or probable disciplinary consequences of the receipt of the Union’s appeal employee's conduct before further discipline is imposed. 2. Where a violation of a caserule or order of a supervisor is involved, the Labor Relations Unit will respond. Once Superintendent must make an effort to discover whether the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his employee did in fact violate or her selection. The letter shall include a calendar of potential dates. The final decision and disobey a rule or order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingsupervisor. Section 3. The Superintendent's investigation of alleged conduct must be conducted fairly and objectively. 4. An employee shall receive written notice of The disciplinary action must be consistent with (a) the discipline with infraction for which disciplinary action is being applied and (b) the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenemployee's conduct record.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when parties recognize the nature authority of the problem requires an immediate suspensionEmployer to suspend, termination, reduction of pay, discharge or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only take other appropriate disciplinary action against employees for just cause. Verbal reprimands are The employee who alleges that such action was not subject to based upon just cause may appeal a suspension or discharge taken by the arbitration Employer beginning with Step 2 of the grievance procedure. Section 2. A written predismissal notice All other disciplinary action shall be given to a regular status employee against whom a charge is presentedbegin with Step 1 of the grievance procedure. Such notice shall include the known complaints, facts and charges, and a statement that the Any disciplinary action or measure imposed upon an employee may be dismissedprocessed as a grievance through the grievance procedure. The Employer shall not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. Suspensions, written reprimands, clarifications of expectations, or other similar memoranda shall be removed from the employee’s personnel file after two (2) years provided no further disciplinary action has been taken against the employee. The Employer shall provide written notification to affected employees prior to beginning an investigation into allegations of child abuse pursuant to Chapter 235A of the Code of Iowa and allegations of dependent adult abuse pursuant to Chapter 235B of the Code of Iowa and at the conclusion of such investigation. Whenever the Employer determines that an employee must be removed from a current work assignment pending the completion of an investigation by the Employer to determine if disciplinary action is warranted, the Employer may: 1. Reassign the employee to another work assignment at their current rate of pay for up to twenty-one (21) calendar days, or 2. Suspend the employee from work for up to twenty-one (21) calendar days. If the employee is suspended under number two (2) above, the employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to in pay status at their current rate of pay. If the Ombudsman or his/her designee at a time and date set forth investigation has not been completed within twenty-one (21) calendar days, the Employer will provide the ▇▇▇▇▇▇▇ who was involved in the noticeinvestigation (if applicable) and the local Union President with a report regarding the status of the investigation. Additional reports will be provided on a periodic twenty-one (21) day basis thereafter. If, unless a different time at the completion of the investigation, the Employer decides that suspension or discharge is requested by warranted, the employee and/or his Union representative and agreed Employer shall have the right to by recover the Agencypay provided during the period of suspension under number two (2) above, consistent with the disciplinary action. The Union shall receive written notice of any disciplinary action or measure imposed upon an employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section three (3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relationstime such action is taken. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written Written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension disciplinary action or measure imposed may be appealed provided to Step 1 the Union by electronic communication with an acknowledgement of receipt. The Local Union and Management may agree upon processes for distributing written notices. If the Grievance Procedure within ten (10) working days from Local Union and Management have a procedure for distributing written notices that is currently in place, this procedure will continue unless the effective date of Local Union and Management mutually agree to change the action. Failure to file the appeal within the tenprocedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. A. The principles of progressive Employer shall discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed discharge employees only for just causecauses. Verbal reprimands are not subject The employer shall issue a disciplinary notice within seven (7) days of the offense or the employer's knowledge of the offense. The employer shall notify the Union of all disciplinary actions, and the reasons therefore at the time of notification of the employee or as soon thereafter as practicable. B. The first thirty-five (35) working days of employment shall serve as a probationary period, during which time no cause for discharge needs to be shown and no recourse may be had to the grievance and arbitration procedureprovisions of this Agreement. Section 2C. An employee shall have the right to have a shop ▇▇▇▇▇▇▇ present at any meeting where disciplinary action might be imposed or at any investigatory meeting which may lead to discipline. A written predismissal notice The supervisor will advise the employee of this right, and will, at the employee’s request, contact the ▇▇▇▇▇▇▇ (or Union representative) to be present at any such meeting. If the ▇▇▇▇▇▇▇ or Union representative is not available, the employee may choose a representative of his/her choice. Such representative will be on the same shift and from the same company. D. Disciplinary notices shall be given removed from the employee’s file six (6) months from the date of issuance and returned to the employee. Any employee shall have the right to inspect his/her personnel file, upon request to the project manager, who will establish a regular status mutually agreeable time for the employee against whom a charge to inspect his/her file. E. The employer shall have the right to implement reasonable work rules. The employer agrees to meet with the union to discuss any changes in work rules and implementation. F. When an employee is presented. Such notice shall include suspended with no prior disciplinary action due to the known complaintsseverity of the infraction, facts and charges, and a statement that then the employee may be dismissedplaced on a ninety (90) day probation for that infraction only. G. The Employer shall not discipline employees for absences caused by a hardship where the employee’s absence was due to verifiable circumstances beyond the employee's control. The employee Absences in this category shall be afforded an opportunity limited to refute not more than (4) occurrences in a year. If available, Employees will be required to use paid vacation days for such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different absences. If such paid time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or not available, the employee may be allowed to continue work, still use these days as specified within the predismissal noticedescribed. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive Association agrees that the District has the right to discipline shall be used except when the nature of the problem requires an immediate suspensionemployee, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice A. In cases where the District determines to discharge, suspend or demote an employee, said employee shall be given to a regular status employee against whom a charge is presented. Such notice shall include have the known complaintscharges presented in writing and tendered, facts and chargesat the request of the employee, and a statement that in the employee may be dismissedpresence of an Association member. The employee shall be afforded an opportunity given two (2) weeks notice or two (2) weeks pay prior to refute such charges involuntary discharge. In cases of drunkenness, dishonesty, insubordination, abandonment of duties, or present mitigating circumstances to unexcused absence of more than three(3) consecutive days, the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted subject to immediate suspension and/or discharge without two (2) weeks notice or two (2) weeks pay. B. Documented chronic use of sick leave in excess of sick leave accrual and/or patterned use of sick leave may be subject to discipline and discharge. C. Where any disciplinary action involving an educational support employee(s) is undertaken, it will be handled in a confidential manner. D. Any educational support employee discharged, suspended or demoted shall have full access to the rights as provided in Grievance Procedures. In cases of termination, the appeal E. Any educational support employee found by the Board, or the Administration, to have been suspended or discharged unjustly shall be reinstated with full compensation for all lost time and full restoration of all other rights and conditions of employment. F. The District agrees to follow a policy of progressive discipline, provided, however, disciplinary action taken against an official representative presentemployee shall be appropriate to the behavior which precipitates said action. ▇. The Appointing Authority may suspend Any complaint not called to the attention of the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following days, may not be used as the close of basis for any disciplinary action against the hearingemployee. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline A. Employees who have fulfilled the probationary period shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions disciplined or discharged without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are Progressive discipline will normally be applied, except that serious misconduct may result in suspension or discharge as the first step. Progressive Discipline, for the purpose of this Agreement, shall be defined as: Disciplinary action taken for corrective purposes. Therefore, disciplinary action shall generally follow the pattern of an oral reprimand and a written reprimand prior to suspension and/or termination. By way of illustration — verbal or written warning need not subject to be issued an employee before disciplinary action for the arbitration procedurefollowing types of offenses: i. Dishonesty, theft, use of or under the influence of behavior affecting substance while on the job, or insubordination shall be cause for dismissal. Section 2ii. A written predismissal Failure to return to work within the five (5) days following receipt of a recall from layoff notice shall be given considered a resignation. Similarly, failure to return from an approved leave of absence on the specified date shall be deemed a resignation. iii. Refusal to submit to a regular status breath analyzer or blood test administered by authorized officials when so requested by the Superintendent upon suspicion of being under the influence of alcohol or illegal substances shall be cause for dismissal. Similarly, driving while working or on school property under the use of prescribed medication, which may cause impaired ability against the advice of a physician, shall be cause for dismissal. iv. The falsification of information in order to obtain a leave of absence shall be cause for dismissal. B. When the Employer becomes aware of an incident or receives a complaint regarding an employee which may result in disciplinary action against whom the employee, the Employer, within five (5) work days of becoming aware of the incident or complaint and the employee's involvement therein, shall notify the employee in writing with a charge copy to the Association, that the incident or complaint is presentedunder investigation. Such notice The investigation shall be conducted with dispatch and any disciplinary action shall be taken promptly at the conclusion of the investigation. The Employer shall notify the employee in writing, with a copy to the Association, of any disciplinary action or discharge, which shall include a specification of the known complaints, facts and charges, and a statement that the employee may be dismissedoffense. The employee shall have the right to answer and defend against the disciplinary action or discharge by filing a grievance with or without an Association representative. Should it be afforded subsequently determined that an opportunity employee was disciplined or discharged without just cause and the employee is exonerated of any wrongdoing or fault in the matter, the employee shall be restored to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time original employment status and date set forth in receive all wages and benefits to which he/she would have been entitled had the notice, unless a different time is requested action not been taken by the Employer and all references to the discipline or discharge shall be removed from the employee's personnel file. Should it be subsequently determined that the employee and/or his Union representative and agreed to is guilty of wrongdoing but the discharge or discipline action taken by the Agency. The employee Employer was too severe under the circumstances, the discharge or discipline shall be permitted reduced to the degree justified by the circumstances and the employees shall be restored to the employment status and shall receive the wages and benefits to which he/she would have been entitled had the Employer taken the proper action. Nothing herein shall be construed to preclude mitigation of the Employer's liability. C. An employee, upon request, shall be entitled to have an official present a representative present. The Appointing Authority may suspend of the Association when the employee with pay is to receive discipline or notice of discharge or when the employee is being questioned regarding a matter for which there is reason to believe that disciplinary action or discharge against the employee being questioned may result. D. An employee or the Association with specific written consent of the employee, shall have the right to review the personnel file of the employee may upon request made to the Employer. Such review and request shall be allowed consistent with the provisions of the Employee Right to continue workKnow Act, as specified within amended. Upon request, material of a disciplinary nature that has been placed in an employees file shall be removed after three (3) years if there has not been a repetition of the predismissal noticeinfraction. Provided, however, that the Employer may remove material of a disciplinary nature before the end of the three (3) year period if requested in writing to do so by the employee. Whenever anyone requests an employee's personnel file using the Freedom of Information Act (FOIA) the District shall notify the employee. Section 3. E. The dismissal Association and the affected employee will receive a copy of any document(s) of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select disciplinary nature placed in an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingemployee's personnel file. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Master Agreement

DISCIPLINE AND DISCHARGE. Section 1‌ The University and the Union agree to a procedure of progressive discipline. The principles parties adhere to the principle that discipline has the objective of progressive discipline improving the future performance of the employee. Discipline may include a verbal warning, written warning, suspension, discharge, other corrective action or any combination thereof and shall be used except when correspond to the severity of the matter. The University and the Union recognize the sensitive nature of the problem requires an immediate suspensiondisciplinary process and to that end, terminationwill strive whenever possible, reduction to handle all disciplinary matters in a private setting with relevant personnel only. Employee counseling and attempts to resolve matters of paydiscipline informally, or demotionincluding coaching, verbal counseling, letters of counsel and/or referral to the Employee Assistance Program (EAP), Carebridge, do not constitute discipline, nor do they constitute a part of the disciplinary procedure. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit Employees may be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed discharged only for just causecause whenever circumstances allow. Verbal reprimands are not Situations involving major infractions or offenses shall be exempted from progressive discipline and may subject an employee to discipline, including discharge, regardless of the employee's prior record. All disciplinary action, except verbal warnings shall be provided to the arbitration procedure. Section 2employee and union. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice Written discipline shall include the known complaints, facts reasons for the discipline and charges, and a statement that the employee may be dismisseddate of the infraction where appropriate. The employee shall will be afforded an provided the opportunity to refute such charges or present mitigating circumstances sign the statement to acknowledge receipt of the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by document If the employee and/or his Union is unable to sign the statement, a union representative and agreed to by for that department shall sign on behalf of the Agencyemployee. The If an employee shall be permitted to have an official representative present. The Appointing Authority may suspend is suspended for any reason the University will provide the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal and Union a written notice of a regular status employee may be appealed by the Union suspension within ten (10) working days days. An employee may not be disciplined or discharged more than six (6) months after the University becomes aware of the effective date of event giving rise to the dismissal directly discipline or discharge. Exclusions to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed this rule will include infractions by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitrationunion member that are classified as a misdemeanor or felony crime in nature as defined by New York State Penal law. The parties shall select an arbitrator and agree that the Labor Relations Unit will notify the arbitrator, qualified per Section 5 use of this Article, a "last chance agreement" may be used in certain cases of his or her selectiondischarge by mutual agreement. The letter shall include conditions of each last chance agreement will be determined by the parties on a case by case basis and will provide the employee an opportunity to maintain employment by meeting the expectations detailed in the last chance agreement. Written discipline will be declared inactive when the employee works twelve (12) calendar months without discipline. This period will be extended by any time of potential datesunpaid leave, vacation, or disability leave that is longer than one (1) work week in duration. The final decision and order life of discipline may be extended by mutual agreement of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingparties. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. A. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLA exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and the specific charges supporting the discipline. An FLA exempt employee demoted or dismissed only for just causesuspended consistent with the salary basis requirements of the FLA shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the arbitration procedureGrievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. Section 2. A C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency's Director at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative a Union Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal notice. Section 3. The dismissal D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3 of the Grievance Procedure. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tendischarge.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. This section shall apply only to those unit members who have satisfactorily completed their probationary period (i.e., at least eight months from date of hire or placement in the current job title) and have been permanently appointed by the District to their position. Such permanently appointed unit members shall not be subjected to discharge, suspension, fine, reprimand or disciplinary demotion without just cause. 2. Unit members who are in positions covered by Section 75 of the New York State Civil Service Law. a. The principles of progressive discipline or discharge shall be used except when imposed upon the nature unit member and a copy sent to the Union Business Representative. b. Within ten (10) working days of the problem requires an immediate suspension, termination, reduction date of pay, the discipline or demotiondischarge the Union Business Representative may challenge the discipline or discharge imposed by filing a grievance at Step 3 of the grievance procedure. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed Failure by the Union to challenge the discipline or discharge within ten (10) working days shall be an acceptance of the disciplinary action. c. This procedure replaces in all respects the procedures of Sections 75 and 76 of the New York Civil Service Law. d. Discipline or dismissal must be imposed within 18 months of the event. e. The Employer recognizes the concept of the progressive/corrective disciplinary procedure and the Employer will endeavor to utilize said concept when responding to cases of unsatisfactory work performance. 3. Permanently appointed unit members who are in positions not covered by Section 75. a. The employee, within ten (10) working days of the effective date of disciplinary action or discharge, may request in writing a meeting with the dismissal directly to DAS Labor RelationsDirector responsible for the employee’s department. Failure to file the appeal request a meeting within the ten (10) working day time period shall constitute forfeiture will be acceptance of the claim and the case shall be considered closed by the partiesdisciplinary action. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice A copy of the discipline or discharge shall be sent to the Union Business Representative. b. The meeting with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may Director or a designee shall be appealed to Step 1 of the Grievance Procedure held within ten (10) working days from the effective date of receipt of the employee’s request. The decision shall be rendered in writing within ten (10) working days of the meeting. Failure by the Union to request in writing a meeting with the appropriate District representatives within ten (10) working days shall be an acceptance of the disciplinary action. c. The Union Business Representative may appeal this decision to the Superintendent of Schools, or designated Assistant Superintendent. Such appeal shall be in writing and submitted to the Superintendent within eight (8) working days of receipt of the Director’s decision. Within ten (10) working days of receipt of the appeal, the Superintendent or designee shall meet with the employee and Union Business Representative or designee to review the decision. Within ten (10) working days of that meeting, the Superintendent or designee shall issue a written decision on the appeal. Failure to submit an appeal within the time period will be considered agreement to the disciplinary action. Failure of the Superintendent to file respond to a written request within ten (10) working days by the appeal within Union will void the tendiscipline. d. The time limits set forth herein may be extended by mutual agreement, in writing, of the Superintendent and Union Business Representative. Time limits in the Discipline & Discharge steps may be extended in ten (10) working day increments by either party in writing. The first request by either party in writing at any step shall be automatic. Additional requests for an extension after the first request must be made in writing and must be mutually agreed to by both parties. It is understood that requests for extensions shall not be made to unnecessarily extend this process. e. This Subsection 3 is not subject to the grievance procedure of this Agreement. 4. Unit members shall have the right to be accompanied by a union representative at any meeting convened for purposes of discipline or termination.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used apply to disciplinary actions except when the nature of the problem requires an Agency must take a more immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissalaction. A regular status FLSA-non-exempt employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to A regular status FLSA- exempt employee may be suspended consistent with the arbitration proceduresalary status requirements of the FLSA, demoted, or dismissed only for just cause. Section 2. Employees who have completed their initial trial service shall not be subject to suspension and/or discharge except for just cause. Section 3. The Employer is committed to taking appropriate measures in creating and maintaining a professional workplace that is respectful, professional and free from inappropriate behavior pursuant to Agency policy or the Statewide Maintaining a Professional Workplace Policy (#50- 010-03). Section 4. A written predismissal pre-dismissal notice shall be given to a regular status employee employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her their designee at a place, time and date set forth in the notice, unless notice no less than seven (7) calendar days from the date the notice is received. The Agency will email a different time is requested by copy of the employee and/or his notice to the Union representative and agreed to by the AgencyRepresentative of record. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency, the employee may be suspended with or without pay, consistent with the salary status requirements of the FLSA, or be allowed to continue to work, as specified within in the predismissal pre-dismissal notice. Section 35. The dismissal Any unauthorized absence of a regular status an employee from duty shall be deemed to be an absence without pay and may be appealed grounds for disciplinary action. Any employee who absents himself/herself for three (3) consecutive work days without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Union Agency by a subsequent approval of leave with or without pay Section 6. An employee suspended or dismissed under the provision of this Article must submit a grievance in writing to the Superintendent or designee within ten (10) working calendar days of the effective date a notice of the dismissal directly action is delivered in person to DAS Labor Relations. Failure to file the appeal within the ten employee or fourteen (1014) working day period shall constitute forfeiture calendar days of the claim date the notice is placed in U.S. certified mail to the most recent address of record. The Agency will email a copy of the notice to the Union Representative. No employee shall be subject to disciplinary action or separation for: A) Disclosure, not prohibited by law, of violation of laws, rules, other improper actions or inefficiency of superior officers or fellow employees. B) Adherence to the Nurse Practice Act (ORS 678.301 - 678.410). C) Adherence to the Oregon Administrative Rules Chapter 851 established by the Board of Nursing pursuant to the Nurse Practice Act. A) The Agency is committed to conducting investigations in a timely manner. The Agency will make reasonable efforts to begin the investigatory process on potential disciplinary issues within thirty (30) days of becoming aware of the issue. However, the Parties recognize that circumstances and complexities of individual cases may delay initiation of an investigation. Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay. B) Upon request, an employee and the case shall be considered closed by employee’s representative may view any video recording that is used as evidence in any disciplinary action taken against an employee. C) If the parties. Within fifteen investigation of an allegation of patient abuse is not completed within sixty (1560) working calendar days of the receipt of the Union’s appeal notice of a caseinvestigation, the Labor Relations Unit will respond. Once the response is received employee may request and shall receive a status update from the Labor Relations Unit, if the grievance is not resolved the Union Superintendent or designee. Additional status updates may appeal the case to arbitration. The parties shall select an arbitrator be requested and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty provided as is reasonable and practicable, but no more than every fifteen (3015) calendar days following the close of the hearingdays. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reasons for the appeal and be submitted to the Department of Administrative Services Labor Relations Unit in writing within ten (10) working calendar days of from the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the partiesdismissal. Within fifteen (15) working days of the receipt of the Union’s appeal Union‘s notice of intent to arbitrate a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case send a letter to arbitration▇▇▇ requesting a list of arbitrators. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 6 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, The reduction of pay, demotion and/or suspension of a regular status employee may be appealed to Step 1 3 of the Grievance Procedure within ten (10) working calendar days from the effective date of the action. Failure to file If the appeal is not resolved at Step 3, the Union may appeal the action to the Department of Administrative Services Labor Relations Unit within fifteen (15) calendar days after receiving the tenresponse from the Agency. The Labor Relations Unit shall respond to the grievance within fifteen (15) calendar days. If the grievance is unresolved, the Union may submit the issue to arbitration within fifteen (15) calendar days after receiving the response from the Labor Relations Unit. Section 5. The parties agree that prior to arbitration of a disciplinary action involving a question of professional competence, either party, with notice to the other, may submit the issue to either the Board of Dentistry or the Oregon Dental Association for that organization's review and comment. Such comments will be considered advisory to both parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. 12.01 The principles of Employer recognizes that progressive discipline shall be used except when the nature is a fundamental principle of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status this Agreement. 12.02 No employee who has completed initial trial service in this unit the probationary period shall be disciplined, suspended or discharged except for just cause. 12.03 An employee may be warneddisciplined by oral or written reprimand, reprimanded, suspended suspension with pay, reduced in suspension without pay, demoted or dismissed only for just causedischarge. Verbal reprimands are An oral or written reprimand cannot subject be referred to the arbitration procedurearbitration. Section 2. A written predismissal notice shall be given to 12.04 Where an employee is disciplined by other than a regular status employee against whom a charge is presented. Such notice shall include verbal reprimand, the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union Employer within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period suspension or discharge shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his employee in writing by registered mail or her selection. The letter shall include a calendar of potential dates. The final decision and order of personal service stating the Arbitrator shall be made within thirty (30) calendar days following reason for the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction suspension or discharge, and a copy of such notice will be forwarded to the employee and the Union. 12.05 Failure of the Employer to provide a written reason for suspension or discharge shall result in the employee being paid at his regular rate of pay, demotion and/or for the period from the date of suspension or discharge took effect to the date the written reason is presented to the employee. 12.06 Where an employee alleges that he has been suspended or discharged in violation of clause 12.01 he may be appealed to Step 1 of the Grievance Procedure within ten (10) working days of the date on which he was notified in writing or within twenty (20) days of the date of his suspension or discharge, whichever is later, invoke the grievance procedure including adjudication as set out in this Agreement, and for the purposes of a grievance alleging violation of clause 12.01 he shall lodge his grievance at the final level of the grievance procedure. 12.07 All references to disciplinary action taken against the employee shall be removed after eighteen (18) months from the effective date of the actionimposition of the discipline, providing no other instance of disciplinary action in respect of the employee has been recorded during that period. 12.08 Upon reasonable request and during normal working hours, an employee (accompanied by a Union Representative if desired) shall be given an opportunity to read his file and make a copy, at the employee's expense, of any document in his personal file related to any disciplinary notation or action taken against him with respect to performance. 12.09 Where the Employer intends to interview an employee for disciplinary purposes and/or to impose any disciplinary action upon the employee, except in the case of an emergency, the Employer shall inform the employee of his right to have a Union representative present at the meeting in order that the employee may contact his/her Union representative. Failure The Employer shall give the employee reasonable time to file exercise his option to have Union representation present for such meeting and shall make every reasonable effort to allow advance notice of the appeal within the tenmeeting. Such a meeting scheduled to address a verbal reprimand presupposes that such a reprimand has already been given.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used apply to disciplinary actions except when the nature of the problem requires an Agency must take a more immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissalaction. A regular status FLSA-non-exempt employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to A regular status FLSA-exempt employee may be suspended consistent with the arbitration proceduresalary status requirements of the FLSA, demoted, or dismissed only for just cause. Section 2. Employees who have completed their initial trial service shall not be subject to suspension and/or discharge except for just cause. Section 3. The Employer is committed to taking appropriate measures in creating and maintaining a professional workplace that is respectful, professional and free from inappropriate behavior pursuant to Agency policy or the Statewide Maintaining a Professional Workplace Policy (#50-010-03). Section 4. A written predismissal pre-dismissal notice shall be given to a regular status employee employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her designee at a place, time and date set forth in the notice, unless notice no less than seven (7) calendar days from the date the notice is received. The Agency will email a different time is requested by copy of the employee and/or his notice to the Union representative and agreed to by the AgencyRepresentative of record. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency, the employee may be suspended with or without pay, consistent with the salary status requirements of the FLSA, or be allowed to continue to work, as specified within in the predismissal pre-dismissal notice. Section 35. The dismissal Any unauthorized absence of a regular status an employee from duty shall be deemed to be an absence without pay and may be appealed grounds for disciplinary action. Any employee who absents himself/herself for three (3) consecutive work days without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Union Agency by a subsequent approval of leave with or without pay consistent with the salary status requirements of the FLSA, when extenuating circumstances are found to have existed. Section 6. An employee suspended or dismissed under the provision of this Article must submit a grievance in writing to the Superintendent or designee within ten (10) working calendar days of the effective date a notice of the dismissal directly action is delivered in person to DAS Labor Relations. Failure to file the appeal within the ten employee or fourteen (1014) working day period shall constitute forfeiture calendar days of the claim date the notice is placed in U.S. certified mail to the most recent address of record. The Agency will email a copy of the notice to the Union Representative. No employee shall be subject to disciplinary action or separation for: A) Disclosure, not prohibited by law, of violation of laws, rules, other improper actions or inefficiency of superior officers or fellow employees. B) Adherence to the Nurse Practice Act (ORS 678.301 - 678.410). C) Adherence to the Oregon Administrative Rules Chapter 851 established by the Board of Nursing pursuant to the Nurse Practice Act. A) Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay. B) Upon request, an employee and the case shall be considered closed by employee’s representative may view any video recording that is used as evidence in any disciplinary action taken against an employee. C) If the parties. Within fifteen investigation of an allegation of patient abuse is not completed within sixty (1560) working calendar days of the receipt of the Union’s appeal notice of a caseinvestigation, the Labor Relations Unit will respond. Once the response is received employee may request and shall receive a status update from the Labor Relations Unit, if the grievance is not resolved the Union Superintendent or designee. Additional status updates may appeal the case to arbitration. The parties shall select an arbitrator be requested and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty provided as is reasonable and practicable, but no more than every fifteen (3015) calendar days following the close of the hearingdays. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline 23.01 No employee shall be used disciplined except when the nature of the problem requires for just and sufficient cause. 23.02 Where an immediate suspension, termination, reduction of employee is disciplined by suspension with or without pay, or demotionby discharge, the Employer shall, within two (2) weeks of the suspension or discharge, notify the employee and the President of the Union in writing including the reasons for such discipline or discharge. Discipline The employee concerned shall includehave a union representative present at the time the discipline or discharge is imposed. If a union representative is not readily available, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee sent home with pay or the and a meeting will be convened once a union representative is available. 23.03 Under extenuating circumstances, an employee may be allowed to continue worksuspended immediately, as specified within by the predismissal noticeemployee’s supervisor. Such suspension will be with pay pending investigation of the alleged incident. Section 3. The dismissal 23.04 Where an employee alleges suspension or discharge in violation of a regular status Article 23.01, the employee may be appealed by the Union may, within ten (10) working days of the effective date of written notification, invoke the dismissal directly to DAS Labor Relationsgrievance procedure, including provisions for arbitration. Failure to file For the appeal within purpose of a grievance, alleging violation of Article 23, the ten (10) working day period employee shall constitute forfeiture lodge a grievance at the final level of the claim and grievance procedure. 23.05 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the case shall file of an employee, the existence of which the employee was not aware of at the time of filing. 23.06 In the event that there are confidential documents in an employee’s personnel file that management intends to introduce at the hearing, such documents will be considered closed available for viewing by the parties. Within fifteen (15) working days of employee prior to the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the arbitration hearing. Section 4. An 23.07 Upon request, notice of disciplinary action which may have been placed on the personnel file of an employee shall receive written notice be destroyed after three (3) years have elapsed since the disciplinary action has been recorded, provided that no further disciplinary action has been recorded during this period. 23.08 Where it is determined that an employee has been disciplined by suspension with or without pay, or by discharge, in violation of Article 23.01, that employee shall be immediately reinstated in the employee’s former position without loss of seniority or any other benefit which would have accrued if the employee had not been suspended or discharged. In the case of suspension without pay or discharge, pay previously withheld shall be paid at the end of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tennext complete pay period following reinstatement.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. 20.01 The principles of progressive Employer shall only discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only discharge for just cause. Verbal reprimands are Both parties recognize the value of progressive discipline. 20.02 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to and including dismissal. Unsatisfactory conduct and/or performance by an Employee, which is not subject considered by the Employer to be serious enough to warrant suspension or dismissal, may result in a written warning to the arbitration procedureEmployee. Section 2(a) A written warning shall provide the specifics of the issue(s) that gave rise to the disciplinary action, shall provide direction regarding work performance expectations and a time line for improvement, as well as indicating that further discipline or dismissal may follow any similar or other infractions. A copy of the written predismissal notice warning shall be given to a regular status employee against whom a charge is presentedplaced on the Employee's personnel file. Such notice shall include A copy of the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee written warning shall be afforded an opportunity to refute such charges or present mitigating circumstances forwarded to the Ombudsman Union. (b) The action of suspension or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee dismissal shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working calendar days of the receipt completion of the Employer’s investigation into the matter. When action involves a suspension, the notice shall specify the time period of the suspension. In the event an Employee is suspended or dismissed, the Employer shall provide written reasons for the suspension or dismissal to the Employee and the Union forthwith and in any event not later than five (5) calendar days of the action being taken. 20.04 Where circumstances permit, the Employer shall schedule disciplinary discussion with the Employee by giving reasonable advance notice, which shall not be less than twenty-four (24) hours. At such discussion the Employee may be accompanied by a representative of the Union’s appeal of a case. 20.05 In the event that an Employee is reported to their licensing body or Protections for Person in Care by the Employer, the Labor Relations Unit Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Union forthwith. 20.06 The Employee will respond. Once sign any written notice of discipline for the response is received from sole purpose of indicating that they are aware of the Labor Relations Unitdisciplinary notice. 20.07 A claim by an Employee that they have been unjustly disciplined or discharged will be treated as an individual grievance, if commencing at Step 2 of the grievance is not resolved procedure, provided the Union may appeal Union, at the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order direction of the Arbitrator shall be made Employee, submits their written grievance, dated and signed within thirty fifteen (3015) calendar days following after the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure discipline. 20.08 An Employee who has been subjected to file the appeal within the tendisciplinary action shall, after twenty-four

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1The Library shall follow a policy of progressive discipline; however, this policy shall not preclude the Library from advancing discipline and disciplinary penalties. The principles of progressive discipline following procedures shall be used utilized for disciplinary and discharge matters for misconduct or unsatisfactory work performance for all employees. 8.1 An employee covered under the terms of this Agreement shall not be disciplined or discharged except when for incompetency or misconduct while performing their duties. Any employee who is so disciplined or discharged shall have the nature right to seek review of the problem requires discipline or discharge including the penalty involved by initiating an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions appeal in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service accordance with the procedure contained in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissedArticle. The employee shall be afforded entitled to representation by CMU at each step of the procedure contained in this Article. 8.2 In any instance in which a representative of the Library seeks to discipline or discharge an opportunity to refute employee, a written notice of discipline or discharge shall be served upon the employee. The notice shall contain the reasons for the discipline or discharge including a description of the alleged acts and/or conduct and the dates, times and places such charges acts occurred. Said notice shall also include the penalty being imposed. A copy of the notice shall be served concurrently upon the Unit President or present mitigating circumstances their designee. An employee shall not be disciplined or discharged for acts which occurred more than one (1) year prior to the Ombudsman notice of discipline or his/her designee at discharge unless said acts of misconduct or incompetency would constitute a time and date crime pursuant to the Laws of the State of New York. An employee who is disciplined or discharged shall have the right to seek review of the disciplinary matter by initiating an appeal in accordance with the procedures set forth in the notice, unless a different time is requested by Section 8.3 of this article. If the employee and/or his is not satisfied with the determination of the representative of the employer at Step 1 of the procedure set forth in Section 8.3, the Union representative may proceed to final and agreed binding arbitration at Step 2 of such procedure. In the event an employee is suspended without pay or discharged, the employee shall be allowed to by the Agencybegin their appeal at Step 2 of Section 8.3. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working calendar days exclusive of the effective date the written notice of the dismissal directly to DAS Labor Relations. Failure discipline was served to file a written appeal with the appeal within the B&ECPL Chief Operating Officer for purposes of initiating a Step 1 appeal. The employee shall have ten (10) working day period shall constitute forfeiture calendar days exclusive of the claim date the written notice of suspension without pay or discharge was served to file a written appeal with the B&ECPL Chief Operating Officer for purposes of initiating a Step 2 appeal, while simultaneously fulfilling notification requirements contained in Section 8.3, Step 2. All records of disciplinary action will remain in the employee’s personnel record/file; however, oral and the case shall written warnings will not be considered closed by the parties. Within fifteen Library for progressive discipline purposes in future disciplinary actions for the same offense after a period of three (153) working days years from the date of issuance of the receipt of oral or written warning. This provision shall not preclude the UnionLibrary from presenting an employee’s appeal of a caseentire disciplinary record in any proceeding, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of including arbitration as set forth in this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of to the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension extent such record may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenrelevant.

Appears in 1 contract

Sources: Settlement Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit 19.1 Disciplinary action may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed imposed upon an employee only for just cause. Verbal reprimands are However disciplinary action may be processed as a grievance through the regular grievance procedure as outlined in Article 19. If a supervisor has reason to reprimand an employee, the reprimand shall be done in a manner not subject to embarrass the employee before other employees or the public. Initial minor infractions, irregularities, or deficiencies shall be privately brought to the arbitration procedure. Section 2attention of the employee. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The Each employee shall be afforded an opportunity to refute such charges furnished with a copy of all performance evaluation or present mitigating circumstances to the Ombudsman or his/her designee at a time disciplinary entries in their personnel record and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee they shall be permitted to have an official representative presentrespond thereto. The Appointing Authority may suspend contents of an employee's personnel record shall be disclosed to the employee upon their request; and shall also be disclosed to the employee's union representative, with pay permission of the employee. Where appropriate, disciplinary action may include any of the following: 1. Oral reprimand 2. Written reprimand 3. Suspension 4. Demotion where appropriate 5. Discharge 19.2 When any discipline action beyond an oral reprimand is to be implemented, the Superintendent or designee shall, before such action is taken, notify the employee and the 19.3 The Superintendent or designee shall not discharge or suspend an employee without just cause. If there is a decision to discharge or suspend an employee, within two (2) weeks of such decision, the Union may file a grievance with the School Committee as set forth in Article 20. The hearing, at the School Committee level, shall be held no later than two (2) weeks after the Union request. 19.4 In the event that an employee is discharged, or suspended under this section the employee may appeal such action. If the appeal is sustained, the employee shall be allowed restored to continue work, as specified within their former position and compensated at their rate of pay for the predismissal noticetime lost during the period of discharge or suspension. Section 3. The dismissal of 19.5 As a regular status employee may be appealed last resort, and only with a mutually agreeable special purpose agreement; approved by the Union within ten (10) working days of district, union, and involved employees; an employee can be transferred with another employee in the effective date of the dismissal directly to DAS Labor Relationssame job classification. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall However, a transfer must be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline done in accordance with the specific charges and facts supporting the discipline. A written reprimand, reduction principle of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenseniority.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. No seniority employee shall be discharged, demoted or otherwise disciplined without just cause. Probationary employees shall not be disciplined (exclusive of discharge) without just cause, but may be discharged for any reasons whatsoever without recourse to the grievance procedure. The principles Union shall be notified of progressive disciplinary conferences, demotions or discharges prior to such action being taken, where reasonably possible. A copy of the original disciplinary action will be provided to the Union unless the employee requests in writing that the Union not receive the specifics. In such instance the Union will receive a notice stating only the level of discipline and the employee involved. No seniority employee shall be discharged, demoted or disciplined based on discipline issued twelve (12) months or more prior to the occurrence upon which disciplinary action is taken, except in the case of repeated conduct of the same nature demonstrating a habit pattern in which case the time period for reliance on prior discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject extended to the arbitration proceduretwenty-four (24) months. Section 2. A written predismissal notice Except in the case of serious conduct, discipline shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and chargesprogressive, and of a statement that the employee may be dismissedcorrective nature rather than punitive. The employee shall be afforded an opportunity to refute such charges Disciplinary measures which include verbal warnings, written warnings, suspension, demotion or present mitigating circumstances discharge are subject to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agencygrievance procedure. The employee shall Any disciplinary action will be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union taken within ten (10) working days of the effective date Employer becoming aware of the dismissal directly occurrence leading to DAS Labor Relations. Failure to file the appeal within discipline unless the ten (10) working day period shall constitute forfeiture of Employer is still investigating the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a occurrence, in which case, the Labor Relations Unit will responddiscipline shall be issued within twenty (20) working days. Once If the response Employer is received from still investigating, the Labor Relations Unit, if employee shall be notified that an investigation is ongoing and give the grievance is not resolved nature of the Union may appeal the case to arbitrationinvestigation and its expected duration. The parties shall select an arbitrator and may mutually agree to extend the Labor Relations Unit will notify the arbitrator, qualified per time for issuance of discipline. Section 5 of this Article, of his or her selection3. The letter shall include a calendar of potential dates. The final decision and order provisions of the Arbitrator Agreement and of all applicable work rules or policies adopted by the Employer shall be made within thirty (30) calendar days following applied to all employees in the close of the hearingsame manner and without disparate treatment or discrimination. Section 4. An Any employee shall and her ▇▇▇▇▇▇▇ may look at and receive written notice copies of all documents in her personnel file (with the exception of references) at reasonable times in the Human Resources Office and in the presence of the discipline with Human Resources Advisor or designee. Where written materials are utilized as the specific charges and facts supporting basis for employee discipline, only those written materials which are available for inspection by the disciplineemployee in the personnel file shall be so utilized. Section 5. A written reprimandTo maintain a professional working environment focused on quality customer service, reduction of paydisciplinary issues will be discussed only in private and, demotion and/or suspension may be appealed to Step 1 of whenever possible, after the Grievance Procedure within ten (10) working days from last donor has left the effective date of the action. Failure to file the appeal within the tensite.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 120.1 The Company shall have the right to discharge, suspend or otherwise discipline employees for cause. The principles Employees who claim to have been improperly discharged or suspended, the Union shall file a Grievance within five (5) workdays after their discharge or suspension, notwithstanding the provisions in Article 22 (Grievance), pages 54-56. Employees who fail to inform the Union of progressive discipline their claim to have been improperly discharged shall have no further right or claim. Grievances filed for claims of improper discharge or suspension shall hereafter be handled as other Grievances under Article 22 (Grievance), pages 54-56. It is understood that the Company shall have the right to offer reinstatement to discharged or suspended employees pending the final disposition of the Grievances, without the Company waiving its right to discharge or suspension. 20.2 Should an arbiter award reinstatement and back pay, the employees shall be used reinstated with their seniority unimpaired, compensated for all lost wages and benefits, and their personnel service record cleared. 20.3 All employees shall have access to and the right to inspect their personnel record in the presence of a Company representative during normal business hours. Employees shall not be entitled to remove or photocopy any portion of their personnel file, except for their own application and résumé. 20.4 The Union shall be notified of all grievance meetings to be held with respect to employees’ discipline and shall have the right to participate in any such hearing. It is understood that employees subject to disciplinary action may elect to representation by a designated Union representative. 20.5 Employees subject to lost time discipline (suspension or termination) shall be furnished with a written statement setting forth the conduct or circumstances upon which the Company’s action is based. 20.6 All letters regarding employees discipline (warning or suspension) shall cease to have effect, for progressive disciplinary purposes, after a period of one (1) year from the date of issuance, provided that there has been no related repetition of such conduct or circumstances during the applicable one (1) year period. Employees’ personnel files may be cleared earlier, when in the nature judgement of the problem requires an immediate suspensionCompany, terminationthe employees’ past service warrants such action. 20.7 Employees, reduction of payinvolved in a no fault accident in which they are not charged with a moving violation while operating a government motor vehicle, or demotion. Discipline shall include, but not be limited to: disciplined or reprimanded nor shall there be a written reprimands; reductions reprimand placed in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration proceduretheir personnel file. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive Employer shall have the right to maintain discipline shall be used except when the nature of the problem requires an immediate suspensionand efficiency and may discharge, termination, reduction of pay, suspend or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only discipline any Employee for just cause. Verbal reprimands are not , subject to the arbitration procedureprovisions of Section 8 of this Article 10. This Article shall not apply to probationary employees as defined in Article 5. Section 2. A written predismissal notice Minor discipline shall not be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that considered in further progressive discipline after twelve (12) months provided the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticehas not incurred any discipline during that twelve (12) month period. Section 3. The dismissal When an Employee reasonably believes an interview with management may result in a determination of discipline, the Employee may ask for a regular status employee may be appealed Union representative. Under such circumstances, the Employer will grant the Employee’s request in the event that the interview is not unreasonably delayed. However, participation by the Union within ten (10) working days of representative will not be permitted to interfere with the effective date of the dismissal directly to DAS Labor RelationsEmployer’s investigation. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case Time spent by Union representatives in such disciplinary interviews shall be considered closed by uncompensated unless such interviews must be conducted on the parties. Within fifteen (15) working days of the receipt of the Unionrepresentative’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingshift. Section 4. An employee shall receive written The Employer will notify the union in writing of any discharge by mailing or emailing notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure such discharge within ten two (102) regular working days from the effective time of discharge. The notice shall be considered given on the date mailed or emailed. Section 5. If the discharge of an Employee results from conduct relating to a patient or a visitor and the patient or visitor does not appear at the arbitration, the arbitrator shall not consider the failure of the actionpatient or visitor to appear as prejudicial. Section 6. Failure The term “patient” for the purpose of this Agreement shall include those seeking health care services as well as those already admitted. A “visitor” shall include anyone accompanying a patient or engaged in business with the Employer. Section 7. Regular working days shall exclude Saturdays, Sundays and contract holidays. Section 8. The parties agree that the Employees covered by this Agreement shall be subject to file Hospital Policy on Substance Abuse Testing/Fitness for Duty. In the appeal within event that the tenEmployer determines during the course of this Agreement to modify the Substance Abuse Testing/Fitness for Duty Policy, and such modification(s) is applicable to non-represented employees of the Employer, such modification(s) shall be automatically applied to the Employees, contemporaneously with the non-represented employees of the Employer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. 7.1 The principles of progressive discipline Employer shall be used except when the nature of the problem requires an immediate suspensionnot discipline, termination, reduction of paysuspend, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions discharge an employee without pay; sufficient and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands In the event the Employer determines that an employee's conduct justified discharge, it will notify the Union of the discharge within 48 hours and advise it of the reason or reasons thereof. The parties agree that notification to the ▇▇▇▇▇▇▇ or the Union Field Representative shall constitute sufficient compliance with this section. 7.2 Whenever it becomes apparent that a meeting with an employee may result in disciplinary action being taken against the employee, the manager will advise the employee that the meeting is an investigatory meeting. Prior to the start of any disciplinary meeting or investigatory meeting, an employee has the right to request the presence of a Union ▇▇▇▇▇▇▇ at the meeting. Such requests shall not be denied by the Employer. 7.3 The Employer ordinarily will follow progressive disciplinary procedures with said procedures being based upon the circumstances and just cause. The parties agree accelerated discipline, including discharge for the first offense, can be appropriate and consistent with just cause for some violations. Examples of such offenses include but are not subject limited to theft or reporting to work under the arbitration procedureinfluence of alcohol or drugs. The Employer will have the burden of proving just cause for the discipline. Section 2. A written predismissal notice shall be given to a regular status 7.4 If, upon joint investigation by the Union and the Employer, the parties agree that an employee against whom a charge is presented. Such notice shall include the known complaintshas been unjustly discharged, facts and charges, and a statement that the employee may be dismissed. The such employee shall be afforded an opportunity reinstated to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee former position without any loss of seniority or rank and shall suffer no reduction in wages and shall be compensated by the Employer for all time lost and benefits retroactive to the date of discharge. 7.5 Oral warnings will be identified as such at the time the warning is given. Written reprimands and any reference to such reprimands shall cease to be of any force or effect and shall be removed from the employee's file after a time and date set forth one-year period in which the noticeemployee has received no further reprimands; provided, for final warnings, such one (1) year period shall be extended by any leaves of absence in excess of 30 consecutive days. Provided, the foregoing sentence does not apply (1) to discipline for harassment in violation of hospital policies, which will be considered on a case-by-case basis or (2) to discipline for patient identification errors, which shall cease to be of any force or effect after a six (6) year period in which the employee has received no further reprimands of a similar nature. Additionally, after a one-year period patient identification errors shall not be considered for progressive discipline involving other matters. The Employer agrees that in responding to requests of prospective employers (other than Covenant Affiliates) for references, unless a different time waiver is requested signed by the employee and/or his and an authorized Union representative Representative, the Employer will advise the prospective employer only of the applicant's dates of employment and agreed position held. 7.6 Upon prior request, employees shall have access to their personnel files, except for materials obtained with a pledge of confidentiality, provided however, that no information generated within the Hospital from Hospital personnel shall be obtained with a pledge of confidentiality. Employees shall have the right to attach written comments to items in the file and these comments shall become part of the official record. Employees may obtain one (1) copy of any item(s) in their file. 7.7 Employees who fail to renew required licenses, certifications, or registrations by no later than 4:30 p.m. on the fourth business day (as “business day” is defined by the Agency. The employee Employer’s policies) prior to expiration shall be permitted removed from the schedule and required to have an official representative present. The Appointing Authority may suspend the employee with pay use benefit accruals (CTO, vacation, or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10holiday) working days of the effective date of the dismissal directly to DAS Labor Relationsfor any missed shifts. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case timely renew required licenses, certifications, or registrations shall be considered closed by cause for a suspension for up to two weeks for the partiesfirst offense and termination for the second offense occurring within six (6) years. Within fifteen (15) working days of the receipt of the Union’s appeal of Working without a caselegally required license, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unitcertification, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator registration shall be made within thirty (30) calendar days following the close of the hearinggrounds for immediate discharge. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Labor Agreement

DISCIPLINE AND DISCHARGE. Section 127 The University retains the right to: uniformly establish, maintain and 28 amend work rules and rules governing the on-the-job conduct of its 29 employees, enforce such rules and/or discharge employees for just 30 cause. The principles of progressive discipline shall be used except 32 Any employee aggrieved when the nature of University exercises its rights 33 outlined above, shall comply with such rule, order and/or discipline and 34 shall, thereafter, pursue a grievance through the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service grievance procedure 35 set forth in this unit may be warnedAgreement. 36 37 In the event that the University determines that the appropriate 38 discipline in a particular case is suspension without pay and/or 39 discharge of an employee, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject then the University will provide written 40 notice of such decision to the arbitration procedure. Section 2employee and Union Representative. A written predismissal 41 Such notice shall be given mailed to a regular status employee against whom a charge is presented. Such the union representative within forty- 1 eight (48) hours of the notice shall include the known complaints, facts and charges, and a statement that to the employee and shall outline the 2 reasons for the disciplinary action. Discharge and suspension without 3 pay decisions may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee filed directly at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days Step II of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal grievance procedure 4 within the ten five (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (105) working days from the date the employee received such 5 written notification. The parties may mutually agree to waive the Step 6 II proceeding and move the grievance immediately to Step III within 7 the time limits specified in Step II. 8 9 Any written warning that is given to an employee shall be signed by the 10 employee to acknowledge receipt. If the employee is unable to sign the 11 statement, a Union Representative shall sign on behalf of the employee. 12 13 Upon settlement of any grievance which may provide for back- 14 pay adjustment, whether settled by or before arbitration, such pay 15 adjustment shall be retroactive to no earlier than the effective date 16 of the actiondischarge or suspension without pay and shall be reduced by 17 any and all remuneration and/or unemployment insurance received 18 elsewhere by the employee during such time. Failure 19 20 Disciplinary warning letters shall be removed from an employee file if 21 no similar infractions occur in the 18 months following the warning. 22 23 The University shall have the discretion to file immediately discharge 24 employees who commit serious offenses, without limiting the appeal within 25 University’s right to determine other circumstances and/or offenses 26 which would constitute just cause for immediate discharge. The 27 following are listed by way of illustration and not limitation as offenses 28 which would warrant immediate discharge: 30 a. Sleeping on duty. 31 b. Drinking alcoholic beverages and/or taking non-prescribed 32 controlled substances during working hours. 33 c. Reporting to work under the teninfluence of alcohol or non-prescribed 34 controlled substances. 35 d. Engaging in or threatening physical violence to a supervisor or 36 fellow employee. 37 e. Theft. 38 f. Insubordination.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1A. Disciplinary actions instituted by the Employer shall be for reasons based upon the employee's failure to fulfill his/her responsibilities as an employee. Where the Employer believes just cause exists to institute disciplinary action it shall have the option to assess the following penalties: Oral Reprimand Written Reprimand Suspension Discharge Any disciplinary action or measure other than an oral reprimand imposed upon an employee may be appealed through the grievance procedure. The principles of progressive discipline employee may file a written reply to any oral reprimand. If the Employer has reason to reprimand an employee, it shall be used except when done in a manner that will not embarrass the nature of employee before other employees or the problem requires an immediate suspension, termination, reduction of pay, or demotionpublic. Discipline Any disciplinary action taken against a probationary employee shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; subject to 16.2E below or to the grievance procedure. B. The Employer agrees that employees shall be disciplined and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed discharged only for just cause. Verbal reprimands are not A copy of all suspension and discharge notices shall be provided to the Union. Discharge and disciplinary suspensions shall be subject to review under the arbitration proceduregrievance procedure up to and including arbitration. Disciplinary actions shall be subject to review under the grievance procedure only. Such review procedures are in lieu of and expressly supersede and preempt the employee notification and appeal procedures specified in Chapter 25.1 of the Municipal Code and any City of Chicago Personnel Rules. Such contractual review procedures shall be the sole and exclusive method of reviewing all disciplinary action. Section 2C. Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights, benefits and conditions of employment, without prejudice, unless a lesser remedy is agreed-upon as a grievance settlement or deemed appropriate by an Arbitrator. D. Disciplinary actions recorded in the employee's personnel files shall not be used after twelve (12) months to justify subsequent disciplinary action except for a related offense. E. The Employer shall conduct disciplinary investigations when it receives complaints or has reason to believe an employee has failed to fulfill his responsibilities as an employee and just cause for discipline exists. A written predismissal notice It is understood that polygraph examinations will not be used by the Employer in any phase of disciplinary investigations. Prior to taking any final, disciplinary action and concluding its investigation, the Employer shall notify the employee of the contemplated measure of discipline to be imposed, and shall meet with the employee involved and inform him/her of the reasons for such contemplated disciplinary action. Copies of the following documents shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissedat this notification and review meeting: 1. The employee shall be afforded an opportunity to refute such Allegation of violations of Rules & Regulations 2. Statement of charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice.specifications Section 3. The dismissal Employee's initial statement of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section facts 4. An employee shall receive written notice Acknowledgment of the discipline with the specific charges notification and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenreview

Appears in 1 contract

Sources: Labor Contract

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline No seniority employee shall be used disciplined or discharged except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status In any investigatory interview that an employee against whom a charge is presented. Such notice shall include the known complaintsreasonably believes may result in his discipline, facts and charges, and a statement that the employee may be dismissedrequest the presence of a Union ▇▇▇▇▇▇▇. The employee In such circumstance, the interrogation shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at cease until a time and date set forth in the notice, unless a different time Union ▇▇▇▇▇▇▇ is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, ▇▇▇▇▇▇▇ shall make himself available as specified within the predismissal noticesoon as possible after being contacted. Section 3. The dismissal principle of progressive discipline is recognized, except in cases of serious offenses justifying immediate suspension or termination. In those instances where progressive discipline is warranted, the Court will first warn an employee orally. If the infraction is repeated, the Court will next give the employee a regular status written warning. If the infraction is again repeated, the Court shall suspend the employee for a period of from one (1) day to two (2) weeks. Any further infractions may be appealed by result in more severe disciplinary action up to and including termination of employment. In cases of suspension or discharge, the employee shall have the right to discuss the Court’s action with a Union within ten (10) working days representative before being required to leave the premises of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingCourt. Section 4. An In imposing discipline, the Court will consider only those prior infractions, which occurred within the twenty-for (24) month period immediately preceding the current violation. Section 5. No notice of a disciplinary action shall be placed in the employee’s personnel file unless the employee is given the opportunity to first read such action. The employee shall receive acknowledge his reading of this material by affixing his signature and date on the actual copy to be filed. Section 6. The employee shall have the right to review his personnel file in accordance with State law. The employee may append a written notice statement to any disputed material placed in his personnel file. Section 7. The Court will provide copies of any written disciplinary actions to the Union and the employee(s) simultaneously. A copy of the discipline with disciplinary action shall also be placed in the specific charges and facts supporting the disciplineemployee’s personnel file. Section 8. A Employees shall file a written reprimand, reduction of pay, demotion and/or suspension may be appealed to grievance at Step 1 3 of the Grievance Procedure within ten five (105) working work days from the effective date of the action. Failure receiving any disciplinary or discharge action they consider to file the appeal within the tenbe improper.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive A. Progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or dismissed only suspended for just causesafety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject The reduction, demotion or suspension of a regular status employee may be appealed directly to the arbitration procedure.STEP 2 of Section 2. A C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee OSFM at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative a Union Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. Section 3. The dismissal D. Discharge of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor RelationsSTEP 3. Failure to file The appeal must state the reason for the appeal within with sufficient specifics to process the ten (10) working day period shall constitute forfeiture of grievance and must be submitted in writing to the claim and the case shall be considered closed by the parties. Within Director or designee with fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the actiondischarge. E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. Failure to file The appeal must state the reason for the appeal within with sufficient specifics to process the tengrievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when Depending upon the nature and severity of the problem requires an immediate suspensionoffense and whether the employee has received prior discipline, employees may receive discipline up to and including termination, reduction . The following non-exhaustive list of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit offenses is illustrative of the types of infractions which constitute cause for which employees may be warnedterminated: 1. Violation of local, reprimanded, suspended with pay, reduced in pay, demoted state or dismissed only for just causefederal laws which involve immoral conduct or adversely affect the College's reputation or the ability of the employee to effectively perform his or her job duties; 2. Verbal reprimands Insubordination; 3. Theft; 4. Excessive absenteeism or tardiness or absence without authorization or justification; 5. Violation of the College's drug free workplace policy or related procedures; 6. Actions which are not subject detrimental to the arbitration procedureeffective operation of the College, its educational programs, students and/or employees; 7. Repeated documented performance deficiencies. Section 2. A The College will endeavor to employ corrective and progressive discipline. Prior to discipline being issued, written predismissal notice shall be given delivered to a regular status the employee against whom a charge is presented. Such notice and shall include a statement of the known complaints, facts and charges, and proposed disciplinary action, the right to have Union representation, a statement that summary of the evidence being brought against the employee and the date, time and place of the hearing. However, the College will determine, on a case by case basis, the level of discipline which may be dismissedimposed which may include: verbal and written warnings, suspensions with or without pay, probation and termination. The employee shall For less serious infractions, it is expected that most cases will be afforded an opportunity disposed of by informal counseling with the employee’s supervisor without resort to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth formal disciplinary action. This informal counseling will not be recorded as discipline in the noticeemployee's personnel file. Absent circumstances beyond the College’s control, unless a different time is requested by disciplinary investigations will be completed within sixty (60) calendar days from the employee and/or his Union representative and agreed to by date of the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticedue process meeting. Section 3. The dismissal College will maintain a written record of a regular status all formal disciplinary actions in the employee's personnel file. The employee and Local President may receive copies of any formal disciplinary documentation upon request and the employee may be appealed by provide a written response to the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case discipline which shall be considered closed by kept in the partiespersonnel file. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respondThe local President or designee shall be notified and have an opportunity to be present for any disciplinary action and/or proceedings. Once the response is received from the Labor Relations Unit, if All discipline shall be subject to the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingprocedure. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive 18.1 Unless otherwise warranted by circumstances, discipline shall normally be progressive, beginning with oral reprimand and proceeding to written reprimand, suspension, and discharge. Alternate forms of discipline may be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotiondeemed more appropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee No one who has completed the initial trial service in this unit may probation shall be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only discharged except for just cause. Verbal reprimands are not subject Any disciplinary meeting shall be documented in writing and such documentation will be presented to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include either at the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of meeting, or as a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure follow-up communication within ten (10) working days from the initial meeting. This written document will clarify to the employee the Agency’s expectations of his/her performance and the discipline to be imposed. 18.2 Employees will be notified of a complaint received against them within one (1) week of the receipt if a disciplinary investigation will be conducted, unless to do so would compromise the investigation. 18.3 If LCOG determines that there is just cause for discharge, demotion, or suspension, at least five (5) calendar days prior to the effective date of the discipline, LCOG shall provide the employee with a written due process notice which includes the charges or allegations investigated, the disciplinary action being considered, the grounds for such action, and the right to respond either orally or in writing to the person taking the action prior to the effective date. 18.4 Upon the request of the employee, the employee shall be entitled to have a Union representative present during interviews and at any pre-disciplinary meeting scheduled for the purpose of an oral response. This opportunity for representation shall not unduly delay such interviews or meetings. This Section shall not apply to any interview or meeting with an employee in the normal course of work, counseling, instruction, evaluation, or other routine contact with a supervisor. 18.5 Employees may be placed on administrative leave with pay during an investigation or to give LCOG time to decide upon its contemplated action. Failure Employees on administrative leave are nonetheless subject to file the appeal within direction of their manager during their regular work schedule; they must be available by phone during those hours and available to report to work upon the teninstruction to do so. 18.6 LCOG shall conduct all disciplinary and discharge actions with discretion to ensure the employee’s dignity, privacy, and confidentiality. 18.7 Throughout the entire discipline and discharge process, employees shall have access to Union representation, including on the day of termination.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline An employee covered by this Agreement who has successfully completed his/her probationary period shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedurefollowing procedure for disciplinary and discharge matters in lieu of and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The No employee shall be afforded an opportunity subjected to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticedisciplinary action without cause. Section 3. Disciplinary action may include written reprimands, suspension, demotion, discharge, loss of paid leave credits, fines, or any combination thereof. A notice of such discipline shall be made in writing and served upon the employee, by personal service, or by registered or certified mail. A copy of the notice of discipline shall also be promptly provided to the Association President. The dismissal specific acts for which discipline is being imposed, or sought to be imposed, and the penalty shall be specified in the notice, and shall include references to dates, times, and places to the extent practicable. Section 4. If the employee disagrees with the disciplinary action, the employee and/or the Association may submit a grievance at the Stage 2 level of the grievance procedure as specified in Article 23 of this Agreement. Failure to submit a regular status employee may be appealed by the Union grievance within ten (10) working calendar days of the effective date receipt of the dismissal directly Notice of Discipline will constitute acceptance of the penalty by the employee and the Association and the matter will be deemed settled in its entirety. Subject to DAS Labor Relationsa mutual written agreement between the Association and the Sheriff, the time limit hereinabove specified may be extended. Section 5. Failure It is expressly understood that the Sheriff shall be permitted to file impose the appeal within disciplinary penalty prior to expiration of the ten (10) working calendar day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal for submittal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, grievance challenging disciplinary action if the grievance is not resolved employee’s continued presence in the Union may appeal workplace would, in the case Sheriff’s reasonable judgment, constitute a threat to arbitration. The parties shall select an arbitrator the safety of persons or property, or the security of County operations, or seriously threaten the maintenance of order and discipline within the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingworkplace. Section 46. An employee shall receive written notice have the right to be represented in disciplinary matters by an Association representative if the employee elects to do so. Such right of representation shall extend to any questioning of the discipline employee which may lead to disciplinary action. The employee will be advised of such right of representation in writing prior to any such questioning. In those instances where the penalty sought to be imposed consists of a discharge, suspension without pay, demotion, loss of paid leave credits, or a fine, the employee shall be granted a preliminary hearing with the specific charges Sheriff, or his designee, prior to service of the Notice of Discipline. The preliminary hearing shall be informal and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed attended by the employee’s Association representative if the employee elects to Step 1 have a representative present, and shall consist of oral notice to the employee of the Grievance Procedure within ten allegations against him/her and an opportunity to respond orally to said allegations. In any event, nothing contained herein shall be construed as limiting the right of an employee to informally resolve the disciplinary matter by settlement with the Sheriff/County and the employee may waive his/her rights to the procedures outlined herein. Any settlement agreed upon between the parties shall be reduced to writing and shall be final and binding upon all parties. Section 7. No disciplinary action shall be commenced by the Sheriff more than eighteen (1018) working days from months after the effective date occurrence of the action. Failure to file alleged act(s) for which discipline is being considered provided, however, that such time limitation shall not apply where the appeal within the tenact(s) would, if proved in a court of competent jurisdiction, constitute a crime.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status FLSA non-exempt employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to A regular status FLSA exempt employee may be suspended consistent with the arbitration proceduresalary status requirements of the FLSA, reduced in leave accrual, demoted, or dismissed only for just cause. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her designee at a time and date set forth in the notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless a different an earlier time is requested by the employee and/or his Union representative and agreed to by the AgencyDivision. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or without pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. a. The dismissal of a regular status employee may be appealed by the Union to the Department of Administrative Services, Labor Relations Division, pursuant to Article 15, Section 5. The appeal must state the reasons for the appeal and be submitted to the Labor Relations Division in writing within ten (10) working calendar days of from the effective date of the dismissal directly dismissal. If not resolved at the at level and properly appealed to DAS Labor Relations. Failure arbitration pursuant to file the grievance procedure, such appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed heard by the parties. Within arbitrator within fifteen (15) working calendar days of the receipt of the Union’s appeal of a caseafter its receipt, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator arbitrator shall be made within thirty fifteen (3015) calendar days following the close of the hearing. Section 4. An b. A FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A FLSA exempt employee who is demoted, suspended without pay consistent with the salary status requirements of the FLSA, or reduced in leave accrual shall receive written reprimandnotice of the discipline with the specific charges and facts supporting the discipline. Where discipline is imposed as reduced leave accrual, such action shall be equivalent to a reduction in pay for a non-exempt employee (if the leave is reduced to .5 hour, the agency can round up and if less than .5 hour, the agency can round down). The reduction of pay, reduction in leave accrual, demotion and/or suspension of a regular status employee may be appealed to Step 1 3 of the Grievance Procedure within ten (10) working calendar days from the effective date of the action. Failure to file If the appeal is not resolved at Step 3, the Union may appeal the action to the Department of Administrative Services, Labor Relations Division within fifteen (15) calendar days after receiving the tenresponse from the Division. The Labor Relations Division shall respond to the grievance within fifteen (15) calendar days. If the grievance is unresolved, the Union may submit the issue to arbitration within fifteen (15) calendar days after receiving the response from the Labor Relations Division. c. Trial service removals shall not be subject to Article 15 (Grievance Procedure) or this article. Section 4. It is the intent of the Division that discipline not be administered in the presence of other employees or the public, whenever possible.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires 43.01 Prior to disciplining an immediate employee for just cause by written reprimand, suspension, terminationdemotion or discharge, reduction of pay, or demotionthe Employer shall hold a hearing with the employee. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the In exceptional circumstances an employee may be dismissedsuspended with pay until a decision is rendered in accordance with this Article, and in extreme circumstances an employee may be suspended without pay pending an investigation. When an employee is required to attend a meeting, the purpose of which is to conduct an investigation or render a disciplinary decision, the employee is entitled to have, upon request, a representative of the Alliance attend the meeting. The employee shall be afforded receive a minimum of twenty-four (24) hours written notice of, and the reason(s) for such a meeting, except where such notice is impractical. 43.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the Human Resources file of an opportunity to refute such charges or present mitigating circumstances to employee the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by content of which the employee and/or his Union representative and agreed was not provided prior to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An 43.03 Where disciplinary action has been taken, the employee and the Local shall receive written notice be notified in writing of the discipline with disciplinary action and the specific charges and facts supporting circumstances which made the discipline. A written reprimandaction necessary. 43.04 When an employee is suspended from duty, reduction of pay, demotion and/or suspension may be appealed the Employer undertakes to Step 1 notify the employee in writing of the Grievance Procedure within ten (10) working days from reason for such suspension. The Employer shall endeavour to give such notification at the effective date time of suspension, where practical. The Employer shall notify the local representative of the actionAlliance that such suspension has occurred. 43.05 During the probationary period, the Employer may reject an employee based on unsuitability. Failure Such rejection shall not be arbitrary, discriminatory or in bad faith. The just cause standard does not apply to file employees during probation. 43.06 In unusual situations where it is necessary for the appeal within Employer to notify the tenemployee by mail of her or his discharge, a copy of the discharge letter will be provided to the Union office.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline Any employee covered by this Agreement shall have the right to be used except represented by the Union when the nature of the problem requires an immediate charged with or investigated for any misconduct or violation which may result in suspension, termination, reduction of paydemotion, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status discharge if the employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedurerequests representation. Section 2. A written predismissal notice 2 Disciplinary meetings for misconduct which the Employer decides requires immediate action shall be held as soon as practicable and only oral notice will be given in such cases. Section 3 Disciplinary meetings taking place for work performance, not of an immediately serious concern to a regular status employee against whom a charge is presentedthe Employer, shall normally be scheduled after twenty-four (24) hours’ notice. Such notice shall The notification should include the known complaintsdate, facts and chargestime, and a statement that meeting location, in addition to an overview of the employee may topic(s) to be dismisseddiscussed during the meeting. The notification will also include the name and phone number of the Union President according to the Employer’s most recent information. It is the Union’s responsibility to keep the Employer informed of the employees currently in those roles. The employee will be expected to sign the reporting notice. Section 4 Nothing in this section is intended to or should be construed to waive employees' right to Union representation during questioning that the employees reasonably believe may lead to discipline. Bargaining unit employees shall be afforded an opportunity to refute have such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date rights as set forth in the noticeUnited States Supreme Court decision in NLRB ▇. ▇▇▇▇▇▇▇▇▇▇, unless a different time is requested by ▇▇▇ ▇.▇. ▇▇▇ (1975) and Department of Central Management Services and Corrections (▇▇▇▇▇▇) decision, 1 PERI par. 2020 (ISLRB, 1985). Any requests to waive Union representation at the employee and/or his Union representative and agreed to by the Agency. The employee Human Resource level shall be permitted documented in writing and provided to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeUnion. Section 3. 5 The dismissal of a regular status employee may be appealed parties agree that the previous disciplinary program utilized by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim Employer which included oral warnings, written reprimands, unpaid suspensions, and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response discharge is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitrationterminated. The parties shall select an arbitrator are committed to the University’s “Valuing Individual Performance Program” referred to as the VIP Program. This program is intended to be both positive and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 corrective in nature. It is also intended to correct/eliminate employee deficiencies through informal supervisory discussions (Encouragement Sessions) and through formal action steps where appropriate. These formal actions include: 1. Letter of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty Verbal Support (30Equivalent to Oral warning; Deactivated after one (1) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenyear if no further infractions)

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. 12.1 The principles of progressive discipline which normally begin with verbal warning shall be used except when the nature of the problem requires more serious discipline, such as an immediate suspension, termination, reduction of pay, in pay or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit verbal warning may be warned, reprimanded, suspended with payacknowledged in writing and the employee shall be provided a copy. Section 12.2 An employee may be suspended, reduced in pay, demoted or dismissed discharged only for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. Verbal reprimands are not subject The appeal must state the reason for the appeal and must be submitted to the arbitration procedureDepartment of Administrative Services Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in .4 to .6 of Article 13 (Grievance Procedure). b. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed to Step 3 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). Section 212.4 When practical, an employee will be informed in writing prior to a fact finding meeting. Such notice will include the general nature of the meeting and whether the employee is the subject of the investigation or a witness. When an employee is the subject of an investigation, the Agency shall give written notification to that employee of the results of the investigation. Section 12.5 A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time notice which date shall not be more than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work, work as specified within the predismissal notice. Section 3. 12.6 The dismissal Agency will not formally discipline an employee in front of a regular status employee may be appealed by other employees or the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingpublic. Section 412.7 Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be grounds for disciplinary action by the Agency. An Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. Any employee who is absent for five (5) consecutive work days without authorized leave shall be deemed to have resigned. Section 12.8 The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the Union on the same day it notifies the employee. Section 12.9 Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 110.1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, Employer may discharge or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status suspend any employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands The Employer will follow a policy of progressive discipline, which shall include in order: one (1) documented verbal warning, one (1) written warning, one (1) suspension without pay, not to exceed three (3) work days, and finally termination. , provided, hHowever, somein cases may warrant the abridgement of this progression, where the severity of the Employee's actions or the gravity of the problem warrants a different mode of discipline, the Employer, at its discretion, may waive the progressive disciplining procedure.reprimand, suspension, or discharge without having gone through the previous step(s). In these cases, the Employer will submit the justification. The written terms of the employee’s discipline may include temporary transfer to an open route and any ongoing limitations on future bid rights of the employee when agreed between the Employer and the Union, and any other directives to the employee, including training. In case of disciplinary, or investigatory meetings with an employee, the employee shall be granted, if they request, an opportunity to have the Shop ▇▇▇▇▇▇▇, the Business Representative, or another employee present at any Employer meeting where the matter could reasonably lead to disciplinary action. Further, an employee may exercise the discretion of whether to inform the Union or its representative(s) of a pending discipline action. In instances where the Employee wants union representation, Tthe Union will inform the Employer and Employee which individual(s) are not designated to serve as representative(s) with respect to discipline actions, including grievances. Section 10.2. Any verbal or written warning shall be subject to steps 1 and steps 2 of the arbitration grievance procedure. Any suspension or discharge shall be subject to all three steps of the grievance procedure, except for probationary employees who shall be subject to termination at the discretion of the Employer. Probationary employees may request reconsideration of any suspension or discharge through steps 1 and 2 of the grievance procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed10.3. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice notification from the Employer of the discipline with the specific charges employee's suspension/termination and facts supporting the discipline. A written reprimand, reduction statement of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tencharge

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section SECTION 1. The principles of progressive A competitive-class employee covered by this Agreement who has successfully completed his/her probationary period shall utilize the following procedure for discipline shall be used except when the nature and discharge matters in lieu and in place of the problem requires an immediate suspensionprocedures specified in Section 75, termination76, reduction and 77 of paythe New York State Civil Service Law. SECTION 2. Employees within the non-competitive class of the DOERC shall receive, after one (1) year of full-time consecutive service or demotion. Discipline the part-time bargaining unit equivalent, access to this provision. a) Disciplinary action shall include, but is not be limited to: to written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit , suspension, demotion, discharge, fines, or any combination thereof or other such penalties as may be warned, reprimanded, suspended imposed by the County. b) A notice of such discipline shall be made in writing and served upon the employee with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject a copy to the arbitration procedureCSEA Unit President and Personnel Officer. The specific act(s) for which discipline is being imposed and the penalty(ies) shall be specified in the notice. Section 2. A written predismissal notice shall be given to a regular status c) The employee against whom suspension without pay penalties have been imposed may be suspended without pay for a charge is presentedperiod not to exceed ninety (90) days. SECTION 4. Such notice shall include the known complaints, facts and charges, and a statement that If the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to disagrees with the Ombudsman or his/her designee at a time and date set forth in the noticedisciplinary action imposed, unless a different time is requested by the employee and/or his Union representative and agreed to by CSEA may submit a grievance at Level II of the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue workGrievance Procedure, as specified within the predismissal notice. Section 3in Article 6 of this Agreement. The dismissal of Failure to submit a regular status employee may be appealed by the Union grievance within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal notice of discipline will constitute acceptance of the imposed penalty by the employee and CSEA and the matter will be settled in its entirety. Subject to a casemutual written agreement between CSEA and the Personnel Officer, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union time limit herein above specified may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingextended. Section 4SECTION 5. An employee shall receive written notice have the right to be represented in disciplinary matters by a CSEA Unit 655002 representative if the employee elects to do so. Nothing contained herein shall be construed as limiting the right of an employee to informally resolve the disciplinary matter by settlement with the Department Head/designee, and the employee may waive his/her rights 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. Copies of all settlements shall be sent to the Personnel Officer and the CSEA Unit President. SECTION 6. No disciplinary action shall be commenced by the County more than eighteen (18) months after the occurrence of the alleged act(s) for which discipline with is being considered provided, however, that such time limitation shall not apply where the specific charges and facts supporting the discipline. A written reprimandact(s) would, reduction if proven in a court of payappropriate jurisdiction, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenconstitute a crime.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 113.1 The Employer shall not discipline or discharge an Employee unless there is just cause. 13.2 The Employer accepts and gives effect to the principle of progressive discipline. The principles steps of progressive discipline shall be used except (a) written reprimand, (b) suspension(s), and lastly, (c) discharge. In the workplace, theft, fraud, criminal conduct, violence, harassment, or misconduct of an equally serious nature may result in immediate suspension or discharge. 13.3 An Employee is entitled, prior to the imposition of discipline or discharge, to be notified at a meeting with the Employer of the reason for considering such an action. Except in emergency circumstances, when the nature Employer wishes to impose discipline upon an Employee, the Employee and the Union shall be notified in writing a minimum of 24 hours in advance that such a meeting is to take place. The Employee shall be accompanied at the meeting by a Union Representative. 13.4 The Employer shall notify the Employee in writing, with a copy to the Union, of any disciplinary action pertaining to an Employee’s work performance or misconduct, and shall state the reasons for such discipline and the type of disciplinary penalty to be imposed. The Employee shall be accompanied by a union representative when any such notice is delivered to the Employee. The Union will ensure union representation if given 4 (four) hours notice by the Employer. 13.5 Where an Employee is discharged or suspended, the Union may commence the grievance at Step Two of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration grievance procedure. Section 2. A written predismissal notice 13.6 In the event an Employee is found to have been unjustly suspended or discharged, she shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement reinstated in her former position with no loss of seniority or wages. 13.7 The Parties agree that the employee all meetings under this Article may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested held by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeteleconference. Section 3. The dismissal of a regular status employee may 13.8 Records written reprimand will be appealed by expunged from the Union within ten Employee’s personnel records one (101) working days of year from the effective date of the dismissal directly event that led to DAS Labor Relationsthe imposition of such discipline if there has been no subsequent related disciplinary action. Failure Except in circumstances referred to file the appeal within the ten in Article 13.2, records of suspension will be expunged from Employee’s personnel records two (102) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received years from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the event that led to the imposition of such discipline if there has been no subsequent related disciplinary action. Failure . 13.9 The Employer shall, as soon as possible, inform the President of CAW Local 567 when an investigation of an Employee has commenced relating to file the appeal within the tenmatters covered by Article 13.2.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline No permanent employee shall be used disciplined or discharged except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are Discipline may include written warnings, suspension, and discharge. The employee shall be informed they have the right to have a union representative present at any meeting held pursuant to this Article provided that obtaining the presence of that representative does not subject delay the meeting or discipline more than 48 hours. The employee can waive their right to an in person meeting if they would prefer to get notice in writing. If the employee has requested a meeting with management and a union representative, any warnings or notices pursuant to this Article shall be provided to both the employee and the union not less than 48 hours in advance of the meeting. Section 1. Prior to engaging in progressive discipline, the employer shall conduct a thorough investigation of the alleged facts and circumstances pertaining to the arbitration procedureemployee's conduct, which may include a face to face meeting with the employee if the employee prefers a meeting over notice in writing. Prior to such a meeting, the employer shall inform the employee of the right to union representation at all steps in the process. During the investigation, the employee may be placed on paid administrative leave. At the conclusion of the investigation a written description of the alleged conduct and/or inadequate or unsatisfactory job performance and expected corrective behavior, if any, shall be provided to the employee. Section 2. The employer shall engage in reasonable progressive discipline, except in cases of gross or willful misconduct. Such progressive discipline shall consist of: Step 1: A written predismissal notice warning, including corrective action or a Performance Improvement Plan to be taken and copies of any documentary evidence supporting the allegations shall be given issued within 30 days of events giving rise. Where such documentary evidence is voluminous, the warning will inform the employee of the right to inspect and to copy such evidence; Step 2: If corrective action is not taken, or there is a regular status employee against whom repetition of previous behavior, a charge is presented. Such notice shall include the known complaints, facts and chargessecond written warning, and a statement that renewed performance improvement plan when appropriate which may include a suspension without pay for up to five (5) working days. Before returning to work, a suspended employee and his or her managing attorney or supervisor must adopt a corrective action plan addressing the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges conduct, acts or present mitigating circumstances omissions which led to the Ombudsman or his/her designee at a time and date set forth disciplinary action. Step 3: May discharge with the reason specified in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticewriting. Section 3. The dismissal of When an employee commits an act or omission constituting gross or willful misconduct, the disciplinary process may start at Step 2 with a regular status employee may be appealed by written warning, and written suspension notice without pay, or immediate discharge depending on the Union within ten (10) working days severity of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingoffense. Section 4. An employee shall receive written notice of the Prior discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may will not be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal used in assessing future discipline unless said prior discipline occurred within the tenprevious twelve (12) months and is relevant to the current issue.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. 21.01 The principles of progressive Employer shall only discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only discharge for just cause. Verbal reprimands are Both parties recognize the value of progressive discipline. 21.02 Unsatisfactory conduct and/or performance by an Employee may be grounds for discipline up to and including dismissal. Unsatisfactory conduct and/or performance by an Employee, which is not subject considered by the Employer to be serious enough to warrant suspension or dismissal, may result in a written warning to the arbitration procedureEmployee. Section 221.03 The Employer’s investigation into possible disciplinary action shall take place within ninety (90) days of the date of the incident, or when the Employer reasonably should have become aware of, the incident which lead to the investigation. (a) A written warning shall provide the specifics of the issue(s) that gave rise to the disciplinary action, shall provide direction regarding work performance expectations and a timeline for improvement, as well as indicating that further discipline or dismissal may follow any similar or other infractions. A copy of the written predismissal notice warning shall be given to a regular status employee against whom a charge is presentedplaced on the Employee's personnel file. Such notice shall include A copy of the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee written warning shall be afforded an opportunity to refute such charges or present mitigating circumstances forwarded to the Ombudsman AUPE Membership Services Officer. (b) The action or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee suspension or dismissal shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date completion of the dismissal directly to DAS Labor RelationsEmployer’s investigation into the matter. Failure to file When action involves a suspension, the appeal within notice shall specify the ten (10) working day time period shall constitute forfeiture of the claim suspension. In the event an Employee is suspended or dismissed, the Employer shall provide written reasons for the suspension or dismissal to the Employee and the case shall AUPE Membership Services Officer forthwith and in any event not later than five (5) days of the action being taken. 21.05 A claim by an Employee that they have been unjustly disciplined or discharged will be considered closed by treated as an individual grievance, commencing at Step 2 of the parties. Within grievance procedure, provided the Union, at the direction of the Employee, submits their written grievance, dated and signed within fifteen (15) working days after the date of the receipt discipline. 21.06 An Employee who has been subjected to disciplinary action may request, after twenty-four (24) months of continuous service from the date the disciplinary measure was invoked, to have their personnel file cleared of any record of the disciplinary action, Such request shall be granted provided the Employee's file does not contain a related record of disciplinary action issued during the twenty- four (24) month period, of which the Employee was made aware. The Employer will confirm in writing to the Employee that such action has or has not been effected. 21.07 An Employee shall have the right to have a Union ▇▇▇▇▇▇▇ or a Union Representative present when disciplinary notice is issued verbally or in writing. 21.08 Where circumstances permit, the Employer shall schedule a meeting, at which a disciplinary notice(s) is to be issued, with the Employee by giving reasonable advance notice, which shall not be less than twenty-four (24) hours. At such discussion, the Employee may be accompanied by a representative of the Union’s appeal of a case. 21.09 In the event that an Employee is reported to their or their licensing body or Protection for Persons in Care by the Employer, the Labor Relations Unit will respond. Once the response is received from the Labor Relations UnitEmployee shall be so advised, if the grievance is not resolved and unless otherwise requested a written copy shall be forwarded to the Union may appeal forthwith. 21.10 For the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 purposes of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator days referred to shall be made within thirty (30) consecutive calendar days following the close days, exclusive of the hearingSaturdays, Sundays, and Named Holidays. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline (which normally begins with verbal warning) shall be used except when the nature of the problem requires more serious formal discipline such as formal written reprimand, an immediate suspension, termination, reduction of pay, in pay or demotion. Section 2. Discipline shall includeAn employee may only be given a formal written reprimand, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted or dismissed only discharged for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. Verbal reprimands are not subject The appeal must state the reason for the appeal and must be submitted to the arbitration procedureDepartment of Administrative Services, Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Article 12 (Grievance Procedure). b. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline at least thirty (30) days in advance of said action (excepting suspension) and of the specific charges supporting the discipline. A formal written reprimand, reduction, demotion or suspension of a regular status employee may be appealed to Step 3 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 12 (Grievance Procedure). Section 24. A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative presentofficial Section 5. The Appointing Authority may suspend It is the intent of the Agency that discipline not be administered in the presence of other employees or the public. a. Unauthorized absence of the employee with from duty shall be deemed to be absence without pay or and may be grounds for disciplinary action by the employee Agency. Employees may be allowed to continue work, as specified within cover such absences with accrued vacation time or compensatory time if the predismissal noticeAgency agrees extenuating circumstances existed. b. Any employee who is absent for five (5) consecutive work days without authorized leave shall be deemed to have resigned. Section 37. The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal of a regular status employee may be appealed by to the AFSCME Union within ten (10) working days of Council Representative on the effective date of same day it notifies the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingemployee. Section 48. An Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 8:01 In order to be valid disciplinary action, the disciplinary action or decision must be dealt with in a timely fashion. Any disciplinary action or decision shall not be based solely on any item in an employee's personnel record which has been on file for more than one (1) year. An employee has the right to request the presence of a member of the Union Committee or ▇▇▇▇▇▇▇ at any time disciplinary action is taken. It is the Employer's responsibility to inform the employee of her right to request such representation. The principles Employer will arrange a meeting of progressive discipline the Employer, the employee, and her designated Union Committee Member or ▇▇▇▇▇▇▇. 8:02 An employee shall, upon written request, be granted the opportunity to review her files in the presence of a manager. The employee may be accompanied by a Union Committee member. The employee will be provided with a copy of any items she requests. 8:03 A probationary employee shall be used except when considered employed on a trial basis and may be discharged at the nature discretion of the problem requires an immediate suspensionEmployer if she proves unsatisfactory on the basis of a fair and proper assessment. Such dismissal shall not be the subject matter of a grievance, terminationnor shall it be referred to arbitration, reduction except as provided in Article 8:05. 8:04 It is understood and agreed that termination of paya temporary employee at the expiration of their term or at the time funding is removed by the third party funders shall not be the subject of a grievance nor be referred to arbitration. 8:05 An employee, other than a temporary employee, who claims to have been unjustly discharged, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status a probationary employee who has completed initial trial service in this unit claims to have been discharged contrary to Article 8:03 herein may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to file a grievance within fourteen (14) calendar days of the arbitration date of the notice of dismissal commencing at Step I of the grievance procedure. Section 2. A written predismissal notice shall 8:06 The Union will be given to notified in writing of a regular status employee against whom a charge is presented. Such notice shall include dismissal and the known complaints, facts and charges, and a statement that the rationale for same. 8:07 The employee may make a written request that any disciplinary letter be dismissedremoved from her file. The employee Employer shall be afforded an opportunity to refute consider such charges or present mitigating circumstances request and will remove such disciplinary letter from the employee's file if: A) The disciplinary letter is dated at least nine (9) months prior to the Ombudsman or his/her designee at employee's request; and B) The conduct giving rise to the disciplinary action is of a time minor and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. non-repetitive nature; and C) The employee shall be permitted has, to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days satisfaction of the effective date of Employer, remedied the dismissal directly conduct giving rise to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingcomplaint. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1.01 All disciplinary or discharge actions must be for just and proper cause. .02 Where disciplinary or discharge action is contemplated because of the Flight Attendant‟s behavior, or where the Flight Attendant is considered to constitute a threat to safety, fellow crew members, passengers and/or the Company, or that their presence at work is unacceptable from a passenger service point of view, the Flight Attendant may be held out of service with pay in accordance with Article 5.11(Credits-Held Out of Service). .03 Prior to any investigations, the Flight Attendant involved may request the presence of a Union representative. The principles Flight Attendants will be informed prior to any investigative meeting of progressive discipline shall be used except when the nature of any alleged offence(s). .04 For discipline meetings, two (2) business days notice will be provided prior to the problem requires commencement of the meeting. In circumstances where there is an immediate suspensionneed to meet with a Flight Attendant, termination, reduction of pay, or demotiontwenty-four (24) hours notice will be provided. Discipline Such meetings to be scheduled during the Flight Attendant‟s scheduled working hours unless mutually agreed to meet at another time. Flight Attendants who agree to meet on their day off shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to paid the arbitration proceduredaily standard credit. Section 2.05 Investigation(s) shall be held at the Flight Attendant‟s base whenever practical. A written predismissal notice At any investigation(s) all representatives and/or witnesses who are employees of the Company shall be given time off subject to a regular status employee against whom a charge operational requirements and provided with transportation as per Company policy. Flight Attendant(s) appearing as representative(s) will be paid in accordance with their regularly scheduled duty. .06 When disciplinary action is presentedtaken the Flight Attendant will be notified in writing of such disciplinary action, the reasons for the disciplinary action, and their right to appeal as per Article 25 Grievance Procedure. Such notice shall include will be copied to the known complaintsUnion. .07 Regular block holders will not be paid for flights/credits missed as a result of the suspension and the minimum monthly guarantee will not apply for that month. .08 Where an employee is suspended while on reserve they will be removed from the payroll for the number of days involved and the minimum monthly guarantee will not apply for that month. .09 Where a Flight Attendant is suspended by the Company pending investigation, facts and charges, and a statement that the employee may be dismissed. The employee suspension shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or until such time as the employee may be allowed Company makes a decision as to continue work, as specified within the predismissal noticeappropriate discipline. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. A. The principles of progressive discipline (Verbal Warning or Verbal Reprimand, Written Reprimand, Salary Reduction and Discharge) shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only for without just cause. Verbal reprimands or warnings are not subject to the grievance or arbitration procedure. A work plan is not discipline but may be used in conjunction with disciplinary action. Section 2B. An employee reduced in pay, demoted, suspended or dismissed shall receive written notice of the discipline and of the specific charges supporting the discipline. A FLSA- exempt employees demoted or suspended consistent with the salary basis requirements of the FLSA shall receive written predismissal notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion, suspension or dismissal of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written pre-dismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, a copy of the investigation and all supporting documentation, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency's Director at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative Association Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal pre-dismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline ‌ A. Employees who have fulfilled the probationary period shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions disciplined or discharged without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are Progressive discipline will normally be applied, except that serious misconduct may result in suspension or discharge as the first step. Progressive Discipline, for the purpose of this Agreement, shall be defined as: Disciplinary action taken for corrective purposes. Therefore, disciplinary action shall generally follow the pattern of an oral reprimand and a written reprimand prior to suspension and/or termination. By way of illustration — verbal or written warning need not subject be issued an employee before disciplinary action for the following types of offenses: • Dishonesty, theft, use of or under the influence of behavior affecting substance while on the job, or insubordination shall be cause for dismissal. • Failure to return to work within the arbitration procedure. Section 2. A written predismissal five (5) days following receipt of a recall from layoff notice shall be given considered a resignation. Similarly, failure to return from an approved leave of absence on the specified date shall be deemed a resignation. • Refusal to submit to a regular status breath analyzer or blood test administered by authorized officials when so requested by the Superintendent upon suspicion of being under the influence of alcohol or illegal substances shall be cause for dismissal. Similarly, driving while working or on school property under the use of prescribed medication, which may cause impaired ability against the advice of a physician, shall be cause for dismissal. • The falsification of information in order to obtain a leave of absence shall be cause for dismissal. B. When the Employer becomes aware of an incident or receives a complaint regarding an employee which may result in disciplinary action against whom the employee, the Employer, within five (5) work days of becoming aware of the incident or complaint and the employee's involvement therein, shall notify the employee in writing with a charge copy to the Association, that the incident or complaint is presentedunder investigation. Such notice The investigation shall be conducted with dispatch and any disciplinary action shall be taken promptly at the conclusion of the investigation. The Employer shall notify the employee in writing, with a copy to the Association, of any disciplinary action or discharge, which shall include a specification of the known complaints, facts and charges, and a statement that the employee may be dismissedoffense. The employee shall have the right to answer and defend against the disciplinary action or discharge by filing a grievance with or without an Association representative. Should it be afforded subsequently determined that an opportunity employee was disciplined or discharged without just cause and the employee is exonerated of any wrongdoing or fault in the matter, the employee shall be restored to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time original employment status and date set forth in receive all wages and benefits to which he/she would have been entitled had the notice, unless a different time is requested action not been taken by the Employer and all references to the discipline or discharge shall be removed from the employee's personnel file. Should it be subsequently determined that the employee and/or his Union representative and agreed to is guilty of wrongdoing but the discharge or discipline action taken by the Agency. The employee Employer was too severe under the circumstances, the discharge or discipline shall be permitted reduced to the degree justified by the circumstances and the employees shall be restored to the employment status and shall receive the wages and benefits to which he/she would have been entitled had the Employer taken the proper action. Nothing herein shall be construed to preclude mitigation of the Employer's liability. C. An employee, upon request, shall be entitled to have an official present a representative present. The Appointing Authority may suspend of the Association when the employee with pay is to receive discipline or notice of discharge or when the employee is being questioned regarding a matter for which there is reason to believe that disciplinary action or discharge against the employee being questioned may result. D. An employee or the Association with specific written consent of the employee, shall have the right to review the personnel file of the employee may upon request made to the Employer. Such review and request shall be allowed consistent with the provisions of the Employee Right to continue workKnow Act, as specified within the predismissal notice. Section 3amended. The dismissal Upon request, material of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to disciplinary nature that has been placed in an employee’s file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenremoved after three

Appears in 1 contract

Sources: Master Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionused. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit period shall be disciplined or dismissed without just cause. a. Discharge of a regular status employee may be warned, reprimanded, suspended with pay, appealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Labor Relations within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Section 5 to Section 9 of Article 13 (Grievance Procedure). b. An FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA exempt employee demoted or dismissed only for just causesuspended consistent with the salary basis requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject The reduction, demotion or suspension of a regular status employee may be appealed to Step 2 of the arbitration procedureGrievance Procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). Section 23. A written predismissal predisciplinary notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Department Head at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official council representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Department Head, the employee may be suspended with pay or be allowed to continue work, to work as specified within the predismissal predisciplinary notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An If the Department has reason to discipline an employee, it shall be done in a manner which will not embarrass or humiliate the employee in front of other employees or the public. Section 5. Unauthorized absence of an employee from duty shall receive written notice be deemed to be without pay and may be grounds for disciplinary action by the Department. Employees may be allowed to cover such absences with accrued vacation or compensatory time if extenuating circumstances exist. Any employee who is absent for five (5) consecutive workdays without authorized leave shall be deemed to have resigned unless prevented from notifying the Department due to circumstances beyond their control. Section 6. All notices of the discipline with the specific charges and facts supporting the discipline. A predisciplinary, suspension, reduction, written reprimand, reduction of pay, demotion and/or suspension may and dismissal shall be appealed forwarded to Step 1 of the Grievance Procedure within ten (10) working days from Union on the effective date of same day as the action. Failure to file the appeal within the tenemployee is notified.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionused. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit period shall be disciplined or dismissed without just cause. a. Discharge of a regular status employee may be warnedappealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Department of Administrative Services, reprimanded, suspended with pay, Labor Relations Division within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Section 5 to Section 9 of Article 13 (Grievance Procedure). b. An FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA exempt employee demoted or dismissed only for just causesuspended consistent with the salary basis requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject The reduction, demotion or suspension of a regular status employee may be appealed to Step 2 of the arbitration procedureGrievance Procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). Section 23. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Agency's Director or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee notice which date shall not be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenless than seven

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. Progressive discipline shall normally consist of a step of informal discipline (a verbal) which may be noted in a supervisory file followed by formal steps of discipline (written reprimand, suspension, termination, reduction in pay or vacation account, or demotion) which shall be placed in the employee’s personnel file. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status FLSA-non exempt employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted demoted, or dismissed only for just cause. Verbal reprimands are not subject to A regular status FLSA-exempt employee may be suspended consistent with the arbitration proceduresalary status requirements of the FLSA, reduced in leave accrual, demoted, or dismissed only for just cause. Section 2. A written predismissal notice shall be given to a regular regular-status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman Appointing Authority or his/her designee at a time and date set forth in the notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless a different an earlier time is requested by the employee and/or his Union representative and agreed to by the AgencyProgram. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or without pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. a. The dismissal of a regular regular-status employee may be appealed by the Union within ten (10) working days to the Department of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a caseAdministrative Services, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case pursuant to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitratorArticle 14, qualified per Section 5 of this Article2, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenStep

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section SECTION 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status An employee who has completed initial trial service his/her probationary period of (one year in this unit may the case of officers - six months in the case of non-sworn personnel) and becomes a permanent employee shall not be warned, reprimandeddisciplined, suspended with pay, reduced in pay, demoted or dismissed only discharged except for just cause. Verbal reprimands are not Such action by the City shall be subject to the grievance and arbitration procedureprocedures of the Agreement. Section 2. A written predismissal notice shall a. In the event a suspension, discharge or other disciplinary action is determined to be given to a regular status employee against whom a charge is presented. Such notice shall include without just cause, the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances reinstated in good standing with restoration of seniority rights, benefits and pay for the time lost, and all materials relative to the Ombudsman incident shall be removed from the employee's permanent personnel file. b. In the event a complaint is filed against an employee by a member of the public, another department member, another police agency, or his/her designee at a time and date set forth in the noticelike, unless a different time is requested by the Department shall notify the employee and/or his Union representative and agreed to by which the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified complaint has been filed within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten two (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (102) working days from the effective date initial complaint/incident. Notification may be suspended if it can be shown that to do so would compromise the integrity of any investigation resulting from the complaint. By definition, working days do not include days off, vacation, or any other circumstance that limits the investigator's reasonable and prudent attempts to contact the employee. c. The employee shall also be given an opportunity at the time of notification, to waive all rights to privacy in the matter by authorizing the department to release a copy of all records, transcripts, paperwork, statements, etc., to the President of the SBPOA. d. The release of all paperwork in the investigation to the SBPOA does not annul the City's responsibility to forward all pertinent information (complaint form, statements, etc.) to the aggrieved employee, as well. a. Corrective disciplinary action shall be followed as a matter of policy and as outlined in this section. Whenever, in the supervisor's judgment, employee performance, attitude, work habits or personnel conduct at any time falls below a suitable level, the supervisor shall inform the employee promptly and specifically of such lapses and give counsel and assistance. If appropriate and justified, a reasonable period of time for improvement may be allowed before initiating disciplinary action. Failure In some instances, a specific incident may justify severe disciplinary action in and of itself; however, the action to file be taken depends on the appeal within seriousness of the tenincident and the whole pattern of the employee's past performance and conduct.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles Employer shall have the exclusive right to discharge any employee for good and sufficient cause. Among other things, dishonesty; drinking alcoholic liquor or using non-prescribed controlled substances on duty; reporting to work under the influence of progressive discipline alcoholic liquor or non-prescribed controlled substances; smoking in prohibited areas; insubordination; inefficiency; failure to report for scheduled work at the required starting starting time unless prior notice is given to the Employer and the reason for such absence is approved by the Employer; incompetency by failure to perform regular work as required; or to observe safety rules, or plant rules, which are conspicuously posted at the said plant or plants of the Employer, shall be used except when good and sufficient cause for immediate discharge. With the nature exception of the problem requires an immediate suspensionviolations considered major offenses, termination, reduction of pay, or demotion. Discipline shall include, but not a warning notice will be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissalgiven prior to discharge. A regular status warning notice will remain in the employee's file for six (6) months. 2. Any employee who believes he has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only been wrongfully discharged shall have the right to secure a review of such discharge by making a written request to his Employer for just cause. Verbal reprimands are not subject reinstatement (copy to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section Union) not later than three (3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of from the effective date of the dismissal directly to DAS Labor Relationsdischarge. Failure to file the appeal Unless within the ten two (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (152) working days of the receipt of such notice the Employer notifies the former employee that he has been reinstated, the former employee, either alone or with the Union’s appeal of , may file a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if written grievance to be processed under and pursuant to the grievance is not resolved procedure hereinafter set forth. Any discharged employee failing to strictly adhere to the Union may appeal foregoing notice requirements shall be conclusively deemed to have waived his/her rights to contest such discharge or any other matter related to or arising from his/her employment including, without limitation, through the case to arbitration. The parties shall select an arbitrator grievance and arbitration procedures set forth in this Agreement unless time limits are extended by mutual written agreement between the Employer and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingUnion. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement (CFP Holdings Inc)

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline (which normally begins with verbal warning) shall be used except when the nature of the problem requires more serious formal discipline such as formal written reprimand, an immediate suspension, termination, reduction of pay, in pay or demotion. Section 2. Discipline shall includeAn employee may only be given a formal written reprimand, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted or dismissed only discharged for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. Verbal reprimands are not subject The appeal must state the reason for the appeal and must be submitted to the arbitration procedureDepartment of Administrative Services, Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Article 12 (Grievance Procedure). b. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline at least thirty (30) days in advance of said action (excepting suspension) and of the specific charges supporting the discipline. A formal written reprimand, reduction, demotion or suspension of a regular status employee may be appealed to Step 3 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 12 (Grievance Procedure). Section 24. A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work, work as specified within the predismissal notice. Section 35. The dismissal It is the intent of a regular status the Agency that discipline not be administered in the presence of other employees or the public. a. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be appealed grounds for disciplinary action by the Union within ten Agency. Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. b. Any employee who is absent for five (105) working consecutive work days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case without authorized leave shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case deemed to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearinghave resigned. Section 47. An The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the Union on the same day it notifies the employee. Section 8. Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when parties recognize the nature authority of the problem requires an immediate suspensionEmployer to suspend, termination, reduction of pay, discharge or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only take other appropriate disciplinary action against employees for just cause. Verbal reprimands are The employee who alleges that such action was not subject to based upon just cause may appeal a suspension or discharge taken by the arbitration Employer beginning with Step 2 of the grievance procedure. Section 2. A written predismissal notice All other disciplinary action shall be given to a regular status employee against whom a charge is presentedbegin with Step 1 of the grievance procedure. Such notice shall include the known complaints, facts and charges, and a statement that the Any disciplinary action or measure imposed upon an employee may be dismissedprocessed as a grievance through the grievance procedure. The Employer shall not discipline an employee without just cause, recognizing and considering progressive discipline where applicable. Suspensions, written reprimands, clarifications of expectations, or other similar memoranda shall be removed from the employee’s personnel file after one (1) two (2) years provided no further disciplinary action has been taken against the employee. The Employer shall provide written notification to affected employees prior to beginning an investigation into allegations of child abuse pursuant to Chapter 235A of the Code of Iowa and allegations of dependent adult abuse pursuant to Chapter 235B of the Code of Iowa and at the conclusion of such investigation. Whenever the Employer determines that an employee must be removed from a current work assignment pending the completion of an investigation by the Employer to determine if disciplinary action is warranted, the Employer may: 1. Reassign the employee to another work assignment at their current rate of pay for up to twenty-one (21) calendar days, or 2. Suspend the employee from work for up to twenty-one (21) calendar days. If the employee is suspended under number two (2) above, the employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to in pay status at their current rate of pay. If the Ombudsman or his/her designee at a time and date set forth investigation has not been completed within twenty-one (21) calendar days, the Employer will provide the ▇▇▇▇▇▇▇ who was involved in the noticeinvestigation (if applicable) and the local Union President with a report regarding the status of the investigation. Additional reports will be provided on a periodic twenty-one (21) day basis thereafter. If, unless a different time at the completion of the investigation, the Employer decides that suspension or discharge is requested by warranted, the employee and/or his Union representative and agreed Employer shall have the right to by recover the Agencypay provided during the period of suspension under number two (2) above, consistent with the disciplinary action. The Union shall receive written notice of any disciplinary action or measure imposed upon an employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section three (3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relationstime such action is taken. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written Written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension disciplinary action or measure imposed may be appealed provided to Step 1 the Union by electronic communication with an acknowledgement of receipt. The Local Union and Management may agree upon processes for distributing written notices. If the Grievance Procedure within ten (10) working days from Local Union and Management have a procedure for distributing written notices that is currently in place, this procedure will continue unless the effective date of Local Union and Management mutually agree to change the actionprocedure. Failure to file the appeal within the ten[Current Contract Language]

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline A. Employees who have fulfilled the probationary period shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions disciplined or discharged without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are Progressive discipline will normally be applied, except that serious misconduct may result in suspension or discharge as the first step. Progressive Discipline, for the purpose of this Agreement, shall be defined as: Disciplinary action taken for corrective purposes. Therefore, disciplinary action shall generally follow the pattern of an oral reprimand and a written reprimand prior to suspension and/or termination. By way of illustration — verbal or written warning need not subject be issued an employee before disciplinary action for the following types of offenses: • Dishonesty, theft, use of or under the influence of behavior affecting substance while on the job, or insubordination shall be cause for dismissal. • Failure to return to work within the arbitration procedure. Section 2. A written predismissal five (5) days following receipt of a recall from layoff notice shall be given considered a resignation. Similarly, failure to return from an approved leave of absence on the specified date shall be deemed a resignation. • Refusal to submit to a regular status breath analyzer or blood test administered by authorized officials when so requested by the Superintendent upon suspicion of being under the influence of alcohol or illegal substances shall be cause for dismissal. Similarly, driving while working or on school property under the use of prescribed medication, which may cause impaired ability against the advice of a physician, shall be cause for dismissal. • The falsification of information in order to obtain a leave of absence shall be cause for dismissal. B. When the Employer becomes aware of an incident or receives a complaint regarding an employee which may result in disciplinary action against whom the employee, the Employer, within five (5) work days of becoming aware of the incident or complaint and the employee's involvement therein, shall notify the employee in writing with a charge copy to the Association, that the incident or complaint is presentedunder investigation. Such notice The investigation shall be conducted with dispatch and any disciplinary action shall be taken promptly at the conclusion of the investigation. The Employer shall notify the employee in writing, with a copy to the Association, of any disciplinary action or discharge, which shall include a specification of the known complaints, facts and charges, and a statement that the employee may be dismissedoffense. The employee shall have the right to answer and defend against the disciplinary action or discharge by filing a grievance with or without an Association representative. Should it be afforded subsequently determined that an opportunity employee was disciplined or discharged without just cause and the employee is exonerated of any wrongdoing or fault in the matter, the employee shall be restored to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time original employment status and date set forth in receive all wages and benefits to which he/she would have been entitled had the notice, unless a different time is requested action not been taken by the Employer and all references to the discipline or discharge shall be removed from the employee's personnel file. Should it be subsequently determined that the employee and/or his Union representative and agreed to is guilty of wrongdoing but the discharge or discipline action taken by the Agency. The employee Employer was too severe under the circumstances, the discharge or discipline shall be permitted reduced to the degree justified by the circumstances and the employees shall be restored to the employment status and shall receive the wages and benefits to which he/she would have been entitled had the Employer taken the proper action. Nothing herein shall be construed to preclude mitigation of the Employer's liability. C. An employee, upon request, shall be entitled to have an official present a representative present. The Appointing Authority may suspend of the Association when the employee with pay is to receive discipline or notice of discharge or when the employee is being questioned regarding a matter for which there is reason to believe that disciplinary action or discharge against the employee being questioned may result. D. An employee or the Association with specific written consent of the employee, shall have the right to review the personnel file of the employee may upon request made to the Employer. Such review and request shall be allowed consistent with the provisions of the Employee Right to continue workKnow Act, as specified within the predismissal notice. Section 3amended. The dismissal Upon request, material of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to disciplinary nature that has been placed in an employee’s file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tenremoved after three

Appears in 1 contract

Sources: Master Agreement

DISCIPLINE AND DISCHARGE. Section A. Except for egregious acts which may result in damage to school property, acts which may be detrimental to the efficiency and discipline of the school system, or acts which may be injurious to other individuals, disciplinary measures shall be taken in the following order: 1. The principles Verbal Warning 2. Written Warning 3. Written Reprimand 4. Suspension (notice to be given in writing) 5. Discharge B. An employee may be suspended immediately if the employee's behavior or condition constitutes a danger to the employee, other staff, students or the operation of progressive discipline the school or school system. An employee may also be demoted or reduced in grade without DCPS being required to follow the progression indicated in this provision, if warranted by the severity of his/her actions. In no case will a demotion or reduction in grade be executed without due process. C. Any disciplinary action or measure imposed upon an employee must be sent to the employee within fifteen (15) work days following the knowledge of the matter upon which the proposed action is based. It is understood that "knowledge of the matter" refers to the result of a reasonable and timely investigation. D. If DCPS has reason to reprimand an employee, it shall be used except when done in a manner that will not embarrass the nature employee before other employees or the public. E. For suspension actions of the problem requires an immediate suspension, termination, reduction of payfive (5) work days or more, or demotion. Discipline discharge, an employee shall include, but not be limited to: written reprimands; reductions notified in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended writing with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject a copy to the arbitration procedure. Section 2Union no later than ten (10) work days prior to the effective date. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such The notice shall include the known complaintsintended action, facts and charges, and a statement that with reasons for the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the partiesaction so stated. Within fifteen five (155) working work days of the receipt of the Union’s appeal of a casenotice, the Labor Relations Unit will respondemployee has the right to reply in writing, or in person, to all charges and to furnish any statements in support of his reply. Once The decision shall go into effect as stated unless, upon consideration by the response responsible official of all relevant facts, the action is received from to be modified, at which time the Labor Relations Unit, if the grievance is not resolved employee and the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitratorbe so notified, qualified per Section 5 of this Articlein writing, of his or her selection. The letter shall include a calendar the modification. F. In cases involving suspension of potential dates. The final decision and order of less than five (5) days, the Arbitrator employee shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive entitled to advanced written notice of the discipline with the specific charges and facts supporting the disciplinefive (5) work days. A copy of such written reprimand, reduction of pay, demotion and/or notice shall also be sent to the Union. G. DCPS shall not discharge any permanent employee without cause. H. The Union or an employee shall have the right to take up a suspension may be appealed to or discharge as a grievance at Step 1 2 of the Grievance Procedure within ten (10) working days from grievance procedure, and the effective date matter shall be handled in accordance with this procedure. I. Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of the action. Failure to file the appeal within the tenall other rights and conditions of employment.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status An employee who has completed initial trial service in this unit may her/his probationary period will not receive a written warning or suspension or be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for discharged without just cause. Verbal reprimands are The Employer shall notify the union and the employee simultaneously when imposing disciplinary suspensions and terminations. The Employer shall notify the Union as soon as is practical when the employee is placed on investigatory leave. Should an investigation extend beyond fifteen (15) business days, the employee on investigatory leave shall be paid each day thereafter their base rate of pay for their regular work days, if any, until completion of the investigation. Such payment shall be made notwithstanding a finding of misconduct; however, if any employee is not subject cooperating with the investigation, the payments shall cease. Investigations should be completed expeditiously and in a reasonable amount of time. Upon request, the Employer shall update the Union on the progress of the investigation. An employee who is required to meet with a manager for the purpose of investigating circumstances that might reasonably lead to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include being disciplined or for the known complaintspurpose of imposing discipline, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official a union representative present. The Appointing Authority may suspend In either instance, the manager shall inform the employee of his/her right to have such a representative present; provided, however, that the failure of a manager to so advise an employee shall not in and of itself negate or adversely affect any disciplinary action taken by the Employer with pay or the employee may be allowed regard to continue work, as specified within the predismissal notice. Section 3that employee. The dismissal manager will postpone for a reasonable period of time any such meeting if a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly local representative is unavailable to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitrationattend. The parties shall select Employer will maintain one official personnel file for formal personnel documents relating to an arbitrator and employee. An Employee will be given reasonable access to his/her personnel file by prearrangement with the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4Human Resources office. An employee shall receive written notice will be given a copy of any document to be added to his/her personnel file which is critical of the discipline with employee's performance or conduct. The employee will be required to initial a copy of any such document. Such shall signify that the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 employee is aware of the Grievance Procedure within ten document, but shall not signify agreement with its contents. Copies of grievance procedure papers (10grievance, answers and appeals) working days shall be included in a file separate from the effective date employee's personnel file. Such papers shall not be considered in decisions regarding promotion, transfer or assignment. The Employer will remove from an employee's personnel file documentation of disciplinary action if the employee has no other related disciplinary action during the 15 month period following such disciplinary action. Performance evaluations will normally be conducted upon the completion of the action90-day initial evaluation period and annually thereafter. Failure The actual frequency of evaluations may vary depending upon an employee's length of service, job position, past performance, changes in job duties or performance problems. The Employer shall have the right to file determine the appeal within content and format of performance evaluations. The categories evaluated will take into account the tenduties and responsibilities included in the employee's job description. Except for disciplinary actions that are a consequence of evaluations, matters related to employee evaluations shall not be subject to the grievance and arbitration procedure in this Agreement. The Employer has the right to establish a performance improvement plan based on the evaluation. The decision to place an employee on a performance improvement plan shall not be subject to the grievance and arbitration procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspensionused. An employee may only be given a formal written reprimand, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted or dismissed only discharged for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. Verbal reprimands are not subject The appeal must state the reason for the appeal and must be submitted to the arbitration procedureDepartment of Administrative Services Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Article 12 (Grievance Procedure). b. A formal written reprimand, reduction, demotion or suspension of a regular status employee may be appealed to Step 2 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 12 (Grievance Procedure). Section 23. A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work, work as specified within the predismissal notice. Section 34. The dismissal It is the intent of a regular status the Agency that discipline not be administered in the presence of other employees or the public, whenever possible. a. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be appealed grounds for disciplinary action by the Union within ten Agency. Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. b. Any employee who is absent for five (105) working consecutive work days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case without authorized leave shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case deemed to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearinghave resigned. Section 46. An The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the Union on the same day it notifies the employee. Section 7. Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. 13.01 The principles of progressive Employer shall have the right to discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status discharge any post-probationary employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall Discipline will be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union issued within ten (10) working days after: (1) the Employer is aware of the effective date incident giving rise to the discipline; and (2) has completed its investigation. An employee may be placed on administrative leave pending determination of possible discipline. Notwithstanding the dismissal directly above, the Employer is deemed to DAS Labor Relations. Failure to file the appeal within have complied with the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of time limit in cases where an employee is charged with a casefelony, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unitmisdemeanor or ordinance violation, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of providing the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure is issued within ten (10) working days after the Employer becomes aware of the resolution of the case. Section 13.02 The parties agree with tenets of progressive and corrective discipline. Discipline is defined as an oral warning or reprimand, a written reprimand, suspension, or discharge. The type of disciplinary action imposed shall be based on the seriousness of the offense. Disciplinary action may include one or more of the following: Oral warning or reprimand; Written reprimand; Suspension (written notice to be given); Discharge (written notice to be given). Written or verbal counseling is not a form of discipline. Section 13.03 If the Employer has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Section 13.04 In the event disciplinary action is taken against an employee, the Employer shall furnish the employee and the Union a written statement of the reasons therefore. The measure of discipline and the statement of reasons may be modified, especially in cases involving suspension pending discharge, after the investigation of the total facts and circumstances. Once the measure of discipline is determined and imposed, the Employer shall not increase it from the effective date particular incident of misconduct unless new facts or circumstances become known. Section 13.05 An employee shall be entitled to the presence of union representation at an investigatory or disciplinary interview. Union representation may include up to two representatives. If the union considers it appropriate to include more than two representatives the meeting shall be scheduled after the close of business at a mutually convenient time on a non-pay basis. The Employer will notify the employee of the actionright to union representation before the interview begins. Section 13.06 Any documented oral warning or reprimand will be removed from the employee's file after one (1) year, if there has been no recurrence of the type or kind of conduct giving rise to the oral warning or reprimand. Failure Any documented written reprimand will be removed from the employee's file after three (3) years, if there has been no recurrence of the type or kind of conduct giving rise to file the appeal within the tenwarning.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline (which normally begins with verbal warning) shall be used except when the nature of the problem requires more serious formal discipline such as formal written reprimand, an immediate suspension, termination, reduction of pay, in pay or demotion. Section 2. Discipline shall includeAn employee may only be given a formal written reprimand, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted or dismissed only discharged for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. Verbal reprimands are not subject The appeal must state the reason for the appeal and must be submitted to the arbitration procedureDepartment of Administrative Services, Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Article 12 (Grievance Procedure). b. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline no less than fifteen (15) days in advance of the action (except for suspension) with the specific charges supporting the discipline. A formal written reprimand, reduction, demotion or suspension of a regular status employee may be appealed to Step 3 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 12 (Grievance Procedure). Section 24. A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work, work as specified within the predismissal notice. Section 35. The dismissal It is the intent of a regular status the Agency that discipline not be administered in the presence of other employees or the public. a. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be appealed grounds for disciplinary action by the Union within ten Agency. Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. b. Any employee who is absent for five (105) working consecutive work days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case without authorized leave shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case deemed to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearinghave resigned. Section 47. An The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the AFSCME Union Council Representative on the same day it notifies the employee. Section 8. Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 8.01 In taking disciplinary action the Employer agrees to follow its policy regarding progressive discipline and discharge. 8.02 In order to be valid disciplinary action, the disciplinary action or decision, must be dealt with in a timely fashion. Any disciplinary action or decision shall not be based solely on any item in an employee’s personal record which has been on file for more than one (1) year. Apart from non‐disciplinary discussions about performance, whenever the employer deems it necessary to meet with an employee to discuss matters which may result in disciplinary action, the Employer shall advise the employee of the purpose of the meeting and will allow sufficient time to enable the employee to exercise her right to be accompanied by their ▇▇▇▇▇▇▇. An employee has the right to request the presence of the Union ▇▇▇▇▇▇▇ at any time disciplinary action is taken. It is the Executive Director’s responsibility to inform the employee of her right to request such representation. The principles of progressive discipline shall be used except when the nature Executive Director will arrange a meeting of the problem requires Executive Director and Union ▇▇▇▇▇▇▇ if requested. Whenever both the Executive Director and the Associate Executive Director wish to meet with an immediate suspensionemployee, terminationthat employee may request the presence of a Union ▇▇▇▇▇▇▇ 8.03 An employee shall, reduction upon written request, be granted the opportunity to review her own confidential personal file in the presence of pay, or demotionthe Executive Director. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the The employee may be dismissedaccompanied by the Union ▇▇▇▇▇▇▇. The employee shall will be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at provided with a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The copy of any items she requests. 8.04 A probationary employee shall be permitted considered employed on a trial basis, and may be discharged at the discretion of the Executive Director. Such dismissal shall not be the subject matter of a grievance, nor shall it be referred to arbitration. 8.05 It is understood and agreed that termination of a contract or temporary employee at the expiration of the term their contract of employment shall not be the subject of a grievance nor be referred to arbitration. 8.06 An employee, other than a probationary employee, contract or temporary employee who claims to have an official representative present. The Appointing Authority been unjustly discharged, may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of file a regular status employee may be appealed by the Union grievance within ten (10) working days of the effective date of the notice of dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture commencing at Step I of the claim grievance procedure. 8.07 The Union will be notified in writing of a dismissal and the case rationale for same. 8.08 The employee may make a written request that any disciplinary letter be removed from her file. The Executive Director shall consider such request and may remove such disciplinary letter from the employee’s file if: a) The disciplinary letter is dated at least twelve (12) months prior to the employee’s request; b) The conduct giving rise to the disciplinary action is of a minor nature; and c) The employee has, to the satisfaction of the Executive Director, remedied the conduct giving rise to the complaint. Notwithstanding the above, disciplinary letters shall be considered closed by removed if there has been no disciplinary action taken against the parties. Within fifteen employee for twenty-four (1524) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingconsecutive months. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed initial trial service in this unit may the probation period will be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only for discharged without just and adequate cause. Verbal reprimands are not All disciplinary actions will be subject to the arbitration proceduregrievance procedure (except as provided otherwise in the Contract). Section 2. A written predismissal notice shall be given to a regular status employee against whom a Any charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested levied by the Employer against an employee and/or his Union representative and agreed to by the Agency. The employee shall must be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticesubstantiated. Section 3. The dismissal Except in emergencies, the employee and the Union will be given copies of a regular status employee may be appealed any charges levied by the Employer and any disciplinary action which is initiated as a result thereof. The Union will receive copies of all such notices within ten three (103) working days days. Section 4. All disciplinary warnings and letters of counsel will be considered invalid twelve (12) months from the effective date of the dismissal directly event which gave rise to DAS Labor Relationsthe disciplinary action. Failure to file Upon the appeal within the ten (10) working day period shall constitute forfeiture request of the claim and the case employee, such notice shall be considered closed by removed from the partiesemployee’s file and returned to the employee, per Article 30, Section 3. Section 5. Within fifteen The Employer agrees that reprimands are to be constructive in nature and shall not be issued in public. Section 6. No employee shall be disciplined or discharged more than thirty (1530) working days calendar days, excluding vacation time and other time away from work, after the event giving rise to the discipline or discharge. Cases that involve a pattern of behavior or outside investigation are not subject to this time limit. The Employer shall retain the right to discipline or discharge if the Employer did not know or could not have known of the receipt of event giving rise to the Union’s appeal of a discipline or discharge, in which case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his discipline or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall discharge must be made imposed within thirty (30) calendar days following after the close Employer knows, or should reasonably have known of the hearingevent. By mutual agreement of the Employer and the Union, the time limit for imposing discipline or discharge may be extended. Section 47. An employee shall receive written notice Except for work rule violations resulting in immediate termination of the discipline with the specific charges and facts supporting the discipline. A written reprimandan employee, reduction of pay, demotion and/or suspension may review meetings will be appealed to Step 1 of the Grievance Procedure scheduled within ten five (105) working days from of the effective request by the Union to Staff Relations for a suspension review meeting, when possible. The University will provide the Union with the name, date of suspension, work rules violated and other pertinent information within two (2) working days of the actionsuspension. Failure to file A Staff Relations representative will determine the appeal within date, time and location of each suspension review and will notify the tenUnion. The Union is responsible for notifying affected employees of the meeting date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1No employee shall be disciplined or discharged without just cause. The principles Disciplinary action may be taken against any employee when it is believed that the employee is not conforming to the letter or spirit of the Board policies and rules and/or Emergency Services policies and rules; or to specific instructions given to him; or has acted improperly, dishonestly, immorally, illegally; or has violated any Board rules, regulations, policies, and procedures. All discipline will be corrective in intent and progressive in nature. Depending on the seriousness of the matter, disciplinary action against employees shall be in following forms: Informal verbal reprimand by the Chief of Emergency Services or designee Written reprimand from the Chief of Emergency Services or designee Docking of Annual Leave time by the Chief of Emergency Services or designee Suspension from duty with pay by the Board, Chief of Emergency Services or designee Suspension from duty without pay by the Board, Chief of Emergency Services or designee Demotion of employee by the Board Discharge from duty by the Board Where the Board or designee intends to impose discipline, written notice of such discipline shall be used except when given to the employee prior to imposition of said penalty. Such notice shall contain a reasonable specification of the nature of the problem requires an immediate suspensioncharge, terminationa general description of the alleged acts and/or conduct upon which the charge is based and the nature and extent of discipline. The name of the employee, reduction who is notified of paydisciplinary action, or demotionshall be transmitted to the Union within seventy-two (72) hours after such notice. Discipline shall include, but It will not be limited to: necessary to provide written reprimands; reductions in pay; demotions; suspensions without pay; and dismissalnotice if immediate disciplinary action is warranted, such as a gross violation of law. A regular status employee who has completed initial trial service in this unit hearing may be warnedheld to investigate the charges prior to imposition of discipline or discharge. At least seven (7) days before hearing, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice employee and the Union shall be given to a regular status employee against whom a charge is presented. Such notice shall include notified in writing of the known complaints, facts and charges, and a statement that the employee may time and place of the hearing. No tape recording of such procedure shall be dismissedmade without notification to the employee. There shall be no presumption of guilt. The employee shall have the right to be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time accompanied and date set forth in the notice, unless a different time is requested represented by the employee and/or his Union representative and agreed to by the Agency/ or legal counsel. The employee shall also have the right to be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed accompanied and represented by the Union within ten (10) working days and /or legal counsel during any questioning concerning charges, which takes place prior to a hearing. The employee and the Union shall be entitled to a copy of the effective transcript and/or the tape from the hearing at no cost. Substantial failure to conform with the requirements of this article shall render the discipline or discharge null and void. Any written reprimand will remain in the employee's permanent file. If, after a period of one year from the date that written reprimand was filed, the employee has not been disciplined for any matter, similar or otherwise, said written reprimand shall be removed from the employee's file and turned over to the employee. Any employee who is indicted for a crime shall be suspended with or without pay at the discretion of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingBoard. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. A. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate more serious discipline. Depending on the seriousness of the problem, progressive discipline can include the following steps: written reprimand, suspension, terminationdemotion, reduction of pay, in pay or demotiondischarge. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A No regular status employee who shall be disciplined or discharged without just cause. An employee has completed initial trial service the right to challenge discipline (excluding discharge) in accordance with the Grievance Procedure in this unit Agreement. Discharge may only be warned, reprimanded, suspended with pay, challenged at Step 3 of the Grievance Procedure. B. An FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. Consistent with the salary basis requirements of the FLSA, an FLSA exempt employee demoted or dismissed only for just causesuspended shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject A copy of this notice shall also be sent to the arbitration procedureUnion. The reduction, demotion or suspension of a regular status employee must be appealed directly to STEP 2 of the Grievance Procedure within fifteen (15) calendar days from the date of notice or the effective date of the action whichever is earlier. Any further appeal of such action shall follow the Grievance Procedure outlined in this Agreement. Section 2. A C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency's Director at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative a Union Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal notice. Section 3. The dismissal D. Discharge of a regular status employee may only be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten3

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive A. Progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotionappropriate. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status No employee who has completed the initial trial service in this unit may period shall be warned, reprimanded, suspended with pay, disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA exempt employee demoted or dismissed only suspended for just causesafety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. Verbal reprimands are not subject The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the arbitration procedureGrievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. Section 2. A C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee OSFM at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative a Union Representative present. The Appointing Authority may suspend At the employee with pay or discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue work, their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. Section 3. The dismissal D. Discharge of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor RelationsSTEP 3. Failure to file The appeal must state the reason for the appeal within with sufficient specifics to process the ten (10) working day period shall constitute forfeiture of grievance and must be submitted in writing to the claim and the case shall be considered closed by the parties. Within Superintendent or designee with fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the actiondischarge. E. If the grievance is not resolved at the Superintendent level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. Failure to file The appeal must state the reason for the appeal within with sufficient specifics to process the tengrievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section SECTION 1. The principles of progressive discipline shall be used except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit Employees may be warned, reprimanded, suspended with pay, reduced in pay, demoted disciplined or dismissed only discharged for just cause, see appendix B. Discipline should be applied at progressive and escalating levels to allow the employee proper notice of misconduct and an opportunity to improve performance. Verbal reprimands The level or degree of discipline imposed shall be appropriately based on the employee’s prior record of service, length of service, severity of offense and prior record of discipline. SECTION 2. Disciplinary action or measures shall include only the following: A. verbal counseling, B. written reprimand, C. suspension without pay, D. reduction in rank, and E. discharge. SECTION 3. Prior to commencing an investigation that may lead to disciplinary action against an employee, the employer shall provide the employee with a summary of the conduct being investigated. In addition, the Employer shall hold a pre-disciplinary hearing no sooner than ten (10) days from the time the employee was notified of the alleged violation. At this hearing the employee will be given an opportunity to present his/her side of the issue. SECTION 4. Employees shall be entitled to have union and/or legal representation present at any meetings between the employer (and the employer’s investigator) and the employee regarding potential disciplinary action. The employer shall use reasonable efforts to schedule such meetings when employees are not subject scheduled for duty. SECTION 5. The Employer may suspend an employee with pay pending the final decision as to the arbitration procedureappropriate discipline resulting from the pre-disciplinary hearing. Section 2SECTION 6. A written predismissal notice The employee and the employee’s Union representative with the employee’s authorization shall have the right to inspect the full contents of his/her personnel file. No verbal counseling notations or greater disciplinary document may be placed in the personnel file without the employee having been first notified of said complaint and given a copy, with a copy given to a regular status the Union. An employee against whom a charge is presented. Such notice who disagrees with the validity of any complaint added to the file shall include have the known complaints, facts and charges, and a statement that opportunity to challenge said complaint under the employee may be dismissedgrievance procedure herein. The employee shall be afforded required to sign the written reprimand or other disciplinary action acknowledging that they have read the contents of the document. SECTION 7. A notation of verbal counseling may be put into an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agencyemployee’s personnel file. The employee shall be permitted to have an official representative presentmust sign said notation before it is placed in the employee’s personnel file. The Appointing Authority may suspend If the employee with pay or refuses to sign the employee may be allowed to continue worknotation, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days president will be notified in writing of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tennotation

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline No seniority employee shall be used disciplined or discharged except when the nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedure. Section 2. A written predismissal notice shall be given to a regular status In any investigatory interview that an employee against whom a charge is presented. Such notice shall include the known complaintsreasonably believes may result in his discipline, facts and charges, and a statement that the employee may be dismissedrequest the presence of a Union ▇▇▇▇▇▇▇. The employee In such circumstance, the interrogation shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at cease until a time and date set forth in the notice, unless a different time Union ▇▇▇▇▇▇▇ is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, ▇▇▇▇▇▇▇ shall make himself available as specified within the predismissal noticesoon as possible after being contacted. Section 3. The dismissal principle of progressive discipline is recognized, except in cases of serious offenses justifying immediate suspension or termination. In those instances where progressive discipline is warranted, the Court will first warn an employee orally. If the infraction is repeated, the Court will next give the employee a regular status written warning. If the infraction is again repeated, the Court shall suspend the employee for a period of from one (1) day to two (2) weeks. Any further infractions may be appealed by result in more severe disciplinary action up to and including termination of employment. In cases of suspension or discharge, the employee shall have the right to discuss the Court’s action with a Union within ten (10) working days representative before being required to leave the premises of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingCourt. Section 4. An In imposing discipline, the Court will consider only those prior infractions, which occurred within the twenty-four (24) month period immediately preceding the current violation. Section 5. No notice of a disciplinary action shall be placed in the employee’s personnel file unless the employee is given the opportunity to first read such action. The employee shall receive acknowledge his reading of this material by affixing his signature and date on the actual copy to be filed. Section 6. The employee shall have the right to review his personnel file in accordance with State law. The employee may append a written notice statement to any disputed material placed in his personnel file. Section 7. The Court will provide copies of any written disciplinary actions to the Union and the employee(s) simultaneously. A copy of the discipline with disciplinary action shall also be placed in the specific charges and facts supporting the disciplineemployee’s personnel file. Section 8. A Employees shall file a written reprimand, reduction of pay, demotion and/or suspension may be appealed to grievance at Step 1 3 of the Grievance Procedure within ten five (105) working work days from the effective date of the action. Failure receiving any disciplinary or discharge action they consider to file the appeal within the tenbe improper.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section A. The Employer shall not discharge nor suspend any employee until the case has 1. Calling an unauthorized strike or walkout. 2. Drunkenness drinking during working hours (including lunchtime) or being under the influence of liquor or drugs during working hours (including lunchtime). 3. Proven theft, destruction of property, removal of confidential information/ records or dishonesty. 4. Unprovoked assault on anyone during working hours. 5. Possession and/or use of a controlled dangerous substance during work hours including lunchtime. B. Discharge must be for just cause with written notice to the employee and the Union. Any employee may request that the Union investigate his/her discharge, suspension, or warning notice. Should such investigation reveal that an injustice has C. Upon discharge, the Employer shall pay all money due to the employee, unless the discharge was due to proven theft or destruction of property. Upon quitting, the Employer shall pay all money due to the employee on the payday of Employer following such quitting. D. Uniform rules and regulations with respect to disciplinary action or Borough procedures may be drafted by the Employer provided they do not conflict with any provision of this Agreement and are approved by The principles of progressive discipline Union, such approval not to be unreasonably withheld. Such approved rules and regulations when posted in a conspicuous place in the operation shall be used except when binding upon the nature of Employer and the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employees. E. An employee who has completed initial trial service a reasonable suspicion to believe that he/she is to be suspended discharged or in this unit may any way disciplined shall be warned, reprimanded, suspended entitled to a Local Union Representative at any meeting with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedureemployer. Section 2. A written predismissal notice F. Minor disciplinary actions, shall be given to purged and removed from an employee’s personnel file after a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal notice. Section period of three (3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days years of the effective date of the dismissal directly to DAS Labor Relationsdisciplinary action. Failure to Minor discipline shall consist of five (5) days or less. G. Major disciplinary actions shall be purged and removed from an employee’s personnel file the appeal within the ten after a period of five (105) working day period shall constitute forfeiture years of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the disciplinary action. Failure to file the appeal within the tenMajor discipline shall consist of six (6) days or more.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline Any employee covered by this Agreement shall have the right to be used except represented by the Union when the nature of the problem requires an immediate charged with or investigated for any misconduct or violation which may result in suspension, termination, reduction of paydemotion, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status discharge if the employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedurerequests representation. Section 2. A written predismissal notice 2 Disciplinary meetings for misconduct which the Employer decides requires immediate action shall be held as soon as practicable and only oral notice will be given in such cases. Section 3 Disciplinary meetings taking place for work performance, not of an immediately serious concern to a regular status employee against whom a charge is presentedthe Employer, shall normally be scheduled after twenty-four (24) hours’ notice. Such notice shall The notification should include the known complaintsdate, facts and chargestime, and a statement that meeting location, in addition to an overview of the employee may topic(s) to be dismisseddiscussed during the meeting. The notification will also include the name and phone number of the Union President according to the Employer’s most recent information. It is the Union’s responsibility to keep the Employer informed of the employees currently in those roles. The employee will be expected to sign the reporting notice. Section 4 Nothing in this section is intended to or should be construed to waive employees' right to Union representation during questioning that the employees reasonably believe may lead to discipline. Bargaining unit employees shall be afforded an opportunity to refute have such charges or present mitigating circumstances to the Ombudsman or his/her designee at a time and date rights as set forth in the noticeUnited States Supreme Court decision in NLRB ▇. ▇▇▇▇▇▇▇▇▇▇, unless a different time is requested ▇▇▇ ▇.▇. ▇▇▇ (1975) and Department of Central Management Services and Corrections (▇▇▇▇▇▇) decision, 1 PERI par. 2020 (ISLRB, 1985). Any requests to waive Union representation at the Human Resource level shall be documented in writing and provided to the Union. Section 5 The Employer shall adhere to the Uniform Peace Officers' Disciplinary Act, 50 ILCS 725/ 1 et seq. Section 6 The parties agree that the previous disciplinary program utilized by the employee and/or his Union representative Employer which included oral warnings, written reprimands, unpaid suspensions, and agreed to by the Agencydischarge is terminated. The parties are committed to the University’s “Valuing Individual Performance Program” referred to as the VIP Program. This program is intended to be both positive and corrective in nature. It is also intended to correct/eliminate employee deficiencies through informal supervisory discussions (Encouragement Sessions) and through formal action steps where appropriate. These formal actions include: 1. Letter of Verbal Support (Equivalent to Oral warning; Deactivated after one (1) year if no further infractions) 2. Performance Improvement Discussions (Equivalent to Written reprimand; Deactivated after one (1) year if no further infractions) 3. Commitment Discussions (Equivalent to 1-3 Day unpaid Suspension; Deactivated after three (3) years if no further infractions) 4. Written Reinforcement (Equivalent to 4-14 Day unpaid Suspension; Deactivated after three (3) years if no further infractions) 5. Ultimate Decision Leave (1 day paid suspension) (Equivalent to 15-30 Day unpaid Suspension; Deactivated after three (3) years if no further infractions) 6. Discharge Documentation of discipline shall be permitted deactivated in an employee’s personnel file when the applicable time has lapsed without the employee having received additional discipline for the same or similar offense. Formal corrective actions will be issued in writing to have the employee and in accordance with the general tenets of progressive discipline. However, the Employer reserves the right to skip any and all informal and formal steps due to seriousness of infraction. Management will conduct steps in the VIP Program discretely and only in the presence of appropriate Union and management representatives. Management will not release information to the mass media while a matter is under investigation or is the subject of an official representative presentactive grievance. The Appointing Authority may suspend When the Employer determines the formal steps of the VIP program are warranted, written documentation addressed to the employee with pay a copy to the Union, the employee’s supervisor(s) and the employee’s personnel file in Human Resources will be prepared and distributed in a timely fashion. Grievances involving discipline issued by Human Resources or the employee may discharge of status employees shall be allowed to continue work, as specified within the predismissal notice. Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days initiated at Step 2 of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingprocedure. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline 1 Any employee who is to be disciplined by a layoff or discharge shall be used except when advised by the nature Company that he may request and obtain the presence of the problem requires an immediate suspension, termination, reduction of pay, Grievance Representative or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended the ▇▇▇▇▇▇▇ for his department to discuss the case with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject him before he is required to leave the arbitration procedureplant. Section 2. A written predismissal notice 2 Any employee who is called to a Human Resources office or his Facilitator’s office for a disciplinary investigation, after he believes he has been sufficiently informed of the subject of the investigation shall be given to advised by the Company Human Resources representative conducting the investigation, or his Facilitator if he is conducting the investigation, that he may request and obtain the presence of the Grievance Representative or the ▇▇▇▇▇▇▇ for his department during such investigation. If, as a regular status employee against whom result of such investigation, a charge grievance is presented. Such notice shall include filed by the known complaintsemployee, facts and charges, and a statement that the employee may be dismissed. The employee grievance shall be afforded an opportunity to refute such charges or present mitigating circumstances submitted to the Ombudsman grievance procedure beginning at the second step of the grievance procedure. If a written complaint or his/her designee at memorandum of discipline is made in an active employee’s personnel file, a time and date set forth in the notice, unless a different time is requested by the employee and/or his Union representative and agreed to by the Agency. The employee copy of such notation shall be permitted submitted to have an official representative present. The Appointing Authority may suspend the Grievance Representative and employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticeconcerned. Section 33 Employees with seniority will not be discharged without just and sufficient cause. The dismissal Company will notify the Union Office and Plant or Division Grievance Representative of a regular status employee may any discharge within twenty-four (24) hours. A grievance regarding discharge for insufficient cause shall be appealed made in writing, signed by the Union discharged employee, and shall be delivered to the Human Resources Department of the Company at the ▇▇▇▇▇ ▇▇▇▇▇▇ Plant within ten three (103) working days of after the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal discharge or within the ten three (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (153) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved after the Union may appeal the case to arbitration. The parties shall select an arbitrator Office and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearing. Section 4. An employee shall receive Grievance Representative have been given written notice of the discharge. Such grievance shall be a proper matter for the grievance procedure starting at the third step. Employees found to have been unjustifiably discharged, shall be reinstated to their jobs with full seniority, and unless otherwise agreed to between the Company and the Union, shall be paid for all time lost as a result of such discharge. Grievances with respect to discipline with other than discharge shall be handled starting at the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 second step of the Grievance Procedure within ten (10) working days from the effective date of the action. Failure to file the appeal within the tengrievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles of progressive discipline (which normally begins with verbal warning) shall be used except when the nature of the problem requires an immediate suspensionmore serious formal discipline such Section 2. An employee may only be given a formal written reprimand, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with paysuspended, reduced in pay, demoted or dismissed only discharged for just cause. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. Verbal reprimands are not subject The appeal must state the reason for the appeal and must be submitted to the arbitration procedureDepartment of Administrative Services, Labor Relations Unit within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Article 12 (Grievance Procedure). b. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline at least thirty (30) days in advance of said action (excepting suspension) and of the specific charges supporting the discipline. A formal written reprimand, reduction, demotion or suspension of a regular status employee may be appealed to Step 3 of the grievance procedure within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 12 (Grievance Procedure). Section 24. A written predismissal notice shall be given to a regular status employee against whom a charge charge, which may be cause for dismissal, is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the Ombudsman or his/her designee Agency at a time and date set forth in the notice, unless a different time notice which date shall not be less than seven (7) calendar days from the date the notice is requested by the employee and/or his Union representative and agreed to by the Agencyreceived. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend At the employee with pay or discretion of the Agency Administrator, the employee may be suspended with pay or be allowed to continue work, work as specified within the predismissal notice. Section 35. The dismissal It is the intent of a regular status the Agency that discipline not be administered in the presence of other employees or the public. a. Unauthorized absence of the employee from duty shall be deemed to be absence without pay and may be appealed grounds for disciplinary action by the Union within ten Agency. Employees may be allowed to cover such absences with accrued vacation time or compensatory time if the Agency agrees extenuating circumstances existed. b. Any employee who is absent for five (105) working consecutive work days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case without authorized leave shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case deemed to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearinghave resigned. Section 47. An The Agency will forward all written reprimands and notices of reduction, suspension, demotion, predismissal, and dismissal to the AFSCME Union Council Representative on the same day it notifies the employee. Section 8. Upon request, an employee shall receive written notice of have the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed right to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. Failure The employee will have the opportunity to file consult with a local union ▇▇▇▇▇▇▇ or an AFSCME Council Representative before the appeal within the teninterview, but such consultation shall not cause an undue delay.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE AND DISCHARGE. Section 1. The principles Employer shall not discipline or discharge an employee without just and stated cause (which shall include violation of the operational rules attached hereto). Except as otherwise provided in this Article, in the imposition of discipline against an employee the Employer agrees to adhere to the following schedule of progressive corrective discipline: (1) Verbal Warning (documentation placed in file); (2) Written reprimand; (3) One day off without pay; (4) One week off without pay; (5) More severe discipline (up to and including discharge) (B) In imposing discipline on a current charge, the employer agrees not to take into account any minor infractions of record more than three years old. (C) Notwithstanding the foregoing, in cases of serious violations the Employer may immediately impose more serious discipline (up to and including discharge) where circumstances warrant. Disciplinary penalties for accidents involving the use of Employer vehicles shall be used except when the nature governed by Article X of the problem requires an immediate suspension, termination, reduction of pay, or demotion. Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed initial trial service in this unit may be warned, reprimanded, suspended with pay, reduced in pay, demoted or dismissed only for just cause. Verbal reprimands are not subject to the arbitration procedureAgreement. Section 2. A written predismissal notice shall be given The Employer agrees to promptly notify in writing a regular status employee against whom a charge is presented. Such notice shall include ▇▇▇▇▇▇▇ of the known complaints, facts and charges, and a statement that Union of the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges discipline or present mitigating circumstances to the Ombudsman or his/her designee at a time and date set forth in the notice, unless a different time is requested by the employee and/or his discharge of any Union representative and agreed to by the Agency. The employee shall be permitted to have an official representative present. The Appointing Authority may suspend the employee with pay or the employee may be allowed to continue work, as specified within the predismissal noticemember included under this Agreement. Section 3. The dismissal Employer will discuss anticipated acts of discipline (including discharge) with an employee prior to the implementation of such act in an attempt to clearly understand the situation. The employee may request the presence of a regular status employee may Union officer and if so requested the Employer shall provide for a Union representative to be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to DAS Labor Relations. Failure to file the appeal within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (30) calendar days following the close of the hearingpresent. Section 4. An The discharged or disciplined employee shall receive written notice of the will be allowed to discuss her discharge or discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 ▇▇▇▇▇▇▇ of the Grievance Procedure district, and the Employer will make available an area where she may do so before she is required to leave the property of the Employer. Upon request, the Employer will discuss the discharge or discipline with the employee and the ▇▇▇▇▇▇▇ within ten (10) two working days from the effective date of the actiondismissal. Section 5. Failure Should the discharged or disciplined employee, or the ▇▇▇▇▇▇▇, consider the discharge or discipline to file be improper, the appeal matter shall be considered under the grievance procedure (Article VII), commencing at Step Two. Section 6. Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost regular driving time including field trips, providing the driver has signed within the tenlast four postings of field trips prior to her suspension or discharge; and, with full restoration of all other rights and conditions of employment.

Appears in 1 contract

Sources: Collective Bargaining Agreement