Common use of DISCIPLINE AND DISMISSAL PROCEDURE Clause in Contracts

DISCIPLINE AND DISMISSAL PROCEDURE. ‌ A. Disciplinary action shall be only for just cause, however, when Management takes any disciplinary action resulting from Charges against an employee, said action will be initiated no later than thirty-five (35) calendar days following knowledge by the supervisor of the events upon which the disciplinary action is based. This time limit may be waived by mutual agreement of Management and the Council. B. When Management suspends, reduces in rank or dismisses an employee, such employee may be conditionally suspended pending hearing thereon. Prior to any suspension, reduction or dismissal, Management shall deliver or mail a copy of the Charges and Specifications to the Council’s Executive Secretary and the Union President, provided that the Union President is employed by the City of Dayton. The hearing on said Charges and Specifications will be held no sooner than five (5) calendar days from the date of receipt by either Union official. Should the Union fail to receive a copy of the Charges and Specifications as prescribed herein, the hearing shall be rescheduled by Management. The Charges and Specifications shall state the alleged violations and set the time and place for a hearing before the Department Director or his/her designated representative. C. Disciplinary action involving any suspension, a reduction in rank or dismissal by the Department Director, approved by the City Manager, may be appealed by the employee, either independently or through the Council, either to the Civil Service Board in accordance with the City Charter and Civil Service Rules and Regulations, or through the grievance and arbitration procedure set forth in this Agreement, to be introduced at Step 3 where the Division Manager served as the hearing officer, or at Step 4 where the Department Director served as the hearing officer. In no case shall the employee be permitted to appeal any grievance through both the Civil Service Board and the grievance and arbitration procedure. D. When any disciplinary action listed above is taken, the employee shall have ten (10) calendar days from the effective date of the suspension, reduction or dismissal in which to elect his/her appeal procedure, and such election must be made in writing to the Civil Service Board. If the election is for the grievance and arbitration procedure, it shall include a written waiver of his/her right to appeal to Civil Service and to the courts. If no election is filed, the matter will be considered resolved. E. In the event the employee submits both a grievance and arbitration procedure election and an appeal to Civil Service, the employee shall be automatically deemed to have elected an appeal to Civil Service only. F. At any time Management conducts a disciplinary meeting with an employee for the purpose of determining whether or not the employee has committed an infraction which could result in disciplinary action of record (reprimand, suspension, or dismissal), the employee will be entitled to have a ▇▇▇▇▇▇▇ present. The right to ▇▇▇▇▇▇▇ representation is contingent upon the employee’s requesting such representation and is limited to those situations in which the employee reasonably believes the investigation may result in disciplinary action. An employee who requests representation pursuant to this section may require the supervisor to verify in writing that said request was denied or a ▇▇▇▇▇▇▇ is not necessary. A copy of the written verification shall be given to the employee immediately after signing by the supervisor or a soon as possible thereafter. G. After two (2) years from date of issue, any and all reprimands shall be removed from the employee’s personnel file at his/her written request and shall not be considered in subsequent determinations of discipline. Management shall send to the Union President, a copy of each reprimand issued to any member of the bargaining unit. No progressive disciplinary action will be initiated by Management based on a training memo or counseling that is older than two (2) years. After three (3) years from the date of suspension, a suspension of five (5) days or less shall not be considered in subsequent disciplinary actions and the Charges and Findings shall be removed from an employee’s personnel file at his/her written request to the HR Director. After four (4) years from the date of suspension, a suspension greater than five (5) days shall not be considered in subsequent disciplinary actions and the Charges and Findings shall be removed from an employee’s personnel file at his/her written request to the HR Director. H. In the event that discipline is rendered against an employee and results in a suspension of ten (10) or less days, the employee shall have the option of forfeiting up to eighty (80) hours of vacation in a twelve (12) month period. If the employee chooses to forfeit vacation, the forfeiture shall be one hour of vacation for each one hour of the suspension. The forfeiture of vacation will constitute discipline of record, shall be accordingly noted in the employee’s personnel file, and shall constitute the final resolution of the department charges. No loss of seniority shall occur should the employee choose this option.

DISCIPLINE AND DISMISSAL PROCEDURE. ‌ A. Disciplinary action shall be only for just cause, however, when Management takes any disciplinary action resulting from Charges against an employee, said action will be initiated no later than thirty-five (35) calendar days following knowledge by the supervisor of the events upon which the disciplinary action is based. This time limit may be waived by mutual agreement of Management and the Council. B. When Management suspends, reduces in rank or dismisses an employee, such employee may be conditionally suspended pending hearing thereon. Prior to any suspension, reduction or dismissal, Management shall deliver hand deliver, fax, email, or mail a copy of the Charges and Specifications to the Council’s Executive Secretary and the Union President, provided that the Union President is employed by the City of DaytonDirector. The hearing on said Charges and Specifications will be held no sooner than five (5) calendar days from the date of receipt by either Union officialthe Council. Should the Union Council fail to receive a copy of the Charges and Specifications as prescribed herein, the hearing shall be rescheduled by Management. The Charges and Specifications shall state the alleged violations and set the time and place for a hearing before the Department Director or his/her their designated representative. C. Disciplinary action involving any suspension, a reduction in rank or dismissal by the Department Director, approved by the City Manager, may be appealed by the employee, either independently or through the Council, either to the Civil Service Board in accordance with the City Charter and Civil Service Rules and Regulations, or through the grievance and arbitration procedure set forth in this Agreement, to be introduced at Step 3 where the Division Manager served as the hearing officer, or at Step 4 where the Department Director served as the hearing officer. In no case shall the employee be permitted to appeal any grievance through both the Civil Service Board and the grievance and arbitration procedure. D. When any disciplinary action listed above is taken, the employee shall have ten (10) calendar days from the effective date of the suspension, reduction or dismissal in which to elect his/her appeal procedure, and such election must be made in writing to the Civil Service Board. If the election is for the grievance and arbitration procedure, it shall include a written waiver of his/her right to appeal to Civil Service and to the courts. If no election is filed, the matter will be considered resolved. E. In the event the employee submits both a grievance and arbitration procedure election and an appeal to Civil Service, the employee shall be automatically deemed to have elected an appeal to Civil Service only. F. At any time Management conducts a disciplinary meeting with an employee for the purpose of determining whether or not the employee has committed an infraction which could result in disciplinary action of record (reprimand, suspension, or dismissal), the employee will be entitled to have a ▇▇▇▇▇▇▇ present. The right to ▇▇▇▇▇▇▇ representation is contingent upon the employee’s requesting such representation and is limited to those situations in which the employee reasonably believes the investigation may result in disciplinary action. An employee who requests representation pursuant to this section may require the supervisor to verify in writing that said request was denied or a ▇▇▇▇▇▇▇ is not necessary. A copy of the written verification shall be given to the employee immediately after signing by the supervisor or a soon as possible thereafter. G. After two (2) years from date of issue, any and all reprimands shall be removed from the employee’s personnel file at his/her written request and shall not be considered in subsequent determinations of discipline. Management shall send to the Union President, a copy of each reprimand issued to any member of the bargaining unit. No progressive disciplinary action will be initiated by Management based on a training memo or counseling that is older than two (2) years. After three (3) years from the date of suspension, a suspension of five (5) days or less shall not be considered in subsequent disciplinary actions and the Charges and Findings shall be removed from an employee’s personnel file at his/her written request to the HR Director. After four (4) years from the date of suspension, a suspension greater than five (5) days shall not be considered in subsequent disciplinary actions and the Charges and Findings shall be removed from an employee’s personnel file at his/her written request to the HR Director. H. In the event that discipline is rendered against an employee and results in a suspension of ten (10) or less days, the employee shall have the option of forfeiting up to eighty (80) hours of vacation in a twelve (12) month period. If the employee chooses to forfeit vacation, the forfeiture shall be one hour of vacation for each one hour of the suspension. The forfeiture of vacation will constitute discipline of record, shall be accordingly noted in the employee’s personnel file, and shall constitute the final resolution of the department charges. No loss of seniority shall occur should the employee choose this option.ten