Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances. Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections. Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee. Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals. Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed. Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer. Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any). Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate. Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion. Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records. Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 30.1 The parties recognize that discipline is essential to the operation of the City reserves and agree that fair discipline is necessary for the right public interest and the morale and welfare of the Employees. The object of these provisions is to assure that the relevant facts are fairly developed so that an informed decision can be made by the Employer regarding whether and the extent to which discipline shall be imposed.
30.2 No bargaining unit member shall be disciplined by a reduction in pay or discharge any non-probationary Employee position, suspension, written reprimand, or dismissal except for just cause. Any such discipline Just cause shall include, but not be limited to: dishonesty, bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, neglect of duty, immoral conduct, habitual drunkenness, illegal use of controlled substances, incompetence, insubordination, refusal to obey orders given by proper authority, discourteous treatment of the public or discharge any other violation as listed in Section 250.14 (e) of the Codified Ordinances of Trenton, Ohio” or any violation of divisional standards of conduct either on and off duty.
30.3 Forms of disciplinary action shall be subject to the Grievance written reprimands; suspension without pay or Appeals Proceduredischarge. Discipline shall be applied progressively, as applicablebut it is understood that some serious violations may warrant suspension without pay or immediate discharge. In following the administration principle of this Article"the punishment should fit the crime," the Employer will take into consideration the nature of violation, all the Employee's record of discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s 's record of performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesconduct.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns 30.4 When the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview Employer (through its management agents) believes that an Employee to discover information as part is guilty of an investigationact or omission for which disciplinary action is warranted, the following steps shall apply:
a. The Employee will be promptly notified that he is accused of conduct for which discipline is contemplated and the Employee has a reasonable belief that shall be advised of the interview may result in disciplinary action nature of the alleged conduct and the nature of the evidence against him or her, the time and place of the conference with the Chief of Police, and his right to bring with him to the conference an OPBA representative.
b. At the conference with the Chief of Police, the charges will be stated to the Employee has and the rightEmployee shall have an opportunity to offer his explanation, defense, or mitigating circumstances.
c. At the conclusion of the conference, the Chief of Police shall do one of the following within 5 working days:
(1) Dismiss the allegations as unfounded without record; or
(2) Impose appropriate discipline of record.
d. If the discipline imposed is a reprimand, the Employee may appeal through the grievance procedure up to Step Two. If the discipline imposed is a suspension or discharge, the OPBA will be notified by the Employer and shall be given an opportunity to meet with the City Manager or his or her designee within forty-eight (48) hours after the conference. Any agreement reached between the OPBA, the Employee, and the Employer at this stage shall be final and binding on the OPBA, the Employee, and the Employer and shall not be subject to further appeal.
e. If no binding agreement is reached, the Employer will impose the disciplinary action and, if the disciplinary action consists of suspension or discharge, the Employee shall then have the right to submit the matter to arbitration in accordance with Step Three of the grievance procedure.
30.5 The Employer may conduct investigations of alleged misconduct by an Employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Chief of Police or his designee, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. The responses by the Employee, either written or oral, shall be subject to the following:
a. Reports or responses to questions made by an Employee in the course of an investigation of misconduct, upon order of the Chief of Police, may not be used in a criminal proceeding against the employee who made the report or responded to the question.
b. The reports and responses may be used by the Employer in taking appropriate actions and in defending such action with respect to discipline or discharge of the charged Employee.
c. An Employee under investigation for commission of misconduct which would constitute a crime, with respect to which "Miranda" warnings are required to be given, shall be advised, prior to questioning, of his "Miranda" rights. An Employee who is under investigation for misconduct which would not constitute criminal conduct subject to "Miranda" rights will be informed, prior to questioning, that he is the subject of an investigation, the nature of the suspected misconduct, and his right to have representation of his choice present during the questioning. The Employee, upon request, may obtain postponement of the questioning for a reasonable period not to have exceed twenty-four (24) hours in order to arrange for representation to be present for the questioning if the Employee so desires.
d. Failure by an Employee to complete the report or to respond to a Union representative present. Management is not required to inform relevant question may be deemed refusal and may result in disciplinary action.
e. Interrogation, questioning, or interviewing of a bargaining unit member accused of misconduct shall be conducted during the employee of his/her witness rights; Employee's working hours unless it is the Employee’s responsibility impractical to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that do so because the Employee is being considered for discipline involving a suspension without pay on sick leave, vacation, or demotion as a possible outcome other leave of absence. Any tape recorded interviews will be copied and made available to the other party upon request.
f. These disciplinary procedures and the grievance and arbitration procedures of this Agreement are in lieu of the hearing. Notice civil service laws and regulations under Chapter 124 of the O.R.C. and the City Charter pursuant to the provision of R.C. Section 4117.10(A).
g. As an alternative or in addition to the above, in the event of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded serious incident, an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall internal investigation may be conducted by an impartial hearing officer designated investigative team chaired by the Human Resources Director or designee. Upon conclusion Chief of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Police.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentdepartment except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to A. All employee discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge and investigation shall be subject to governed by and the Grievance or Appeals Procedureemployees shall maintain the full protection of the Law Enforcement Officers Bill of Rights (“LEOBR”), as applicable. In the administration Annotated Code of this Maryland, Public Safety Article, all discipline Section 3-101 et seq. (2003) with the following modification:
1. The employee shall be reasonably expedientnotified by the University, progressive in naturewriting, based upon that the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except employee may elect either an “Administrative hearing board” as defined in the case LEOBR, or may elect an alternate hearing board as follows:
a. The alternative hearing board shall consist of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesthree (3) members, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or one (1) of whom will be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated selected as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix per item B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigationbelow, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least other two (2) working days shall be selected by the Chief, however, one (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning of the alleged offense(s)two selected by the Chief must be an officer of the same rank as the employee facing disciplinary action.
b. The employees shall, 2) the work rule(s) violated on an annual basis, select three (if any), 3) officers who shall serve as employee representatives for hearing boards. At such time as a hearing board is convened, one (1) of the policy or procedure(s) violated (if any)elected employee representatives shall be assigned, 4) the timeon a rotating basis, date and place of hearing, and 5) the right to have be a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name member of the hearing officer.
Section 13.7 Notice of a pre-action hearing means board. In the event that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up officer to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior assigned to the hearing board had a part in the investigation or interrogation of the employee about whom the hearing board is convened, that officer meeting with management representatives. Hearings shall be conducted by an impartial passed over and the next officer on the list assigned to the hearing officer designated by board.
B. The employee about whom a hearing board is convened may object, for cause, to the Human Resources Director or designee. Upon conclusion assignment of any member of the hearing and board. A ruling on the recommendation of employee’s challenge to the hearing officerboard member shall be made by the remaining hearing board members. An employee who is currently being disciplined may not serve on a trial board.
C. The parties further recognize, agree, and understand that the Department Head procedures set forth in the LEOBR are the sole and exclusive procedures for resolving matters subject to the LEOBR and no aspect of any matter subject to the LEOBR is subject to the grievance procedures contained in Article 25 of this Agreement. The discipline of probationary employees shall make the final determination continue to be governed by applicable Board of discipline Regents policies except in instances of alleged brutality, which are subject to LEOBR, Md. Annotated Code, Public Safety Article, §3-101(e)(2)(iv) and 3-104 (if any2003).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Discipline. Section 13.1 32.1 The parties recognize that discipline is essential to the operation of the City reserves and agree that fair discipline is necessary for the right public interest and the morale and welfare of the Employees. The object of these provisions is to assure that the relevant facts are fairly developed so that an informed decision can be made by the Employer regarding whether and the extent to which discipline shall be imposed.
32.2 No bargaining unit Member shall be disciplined by a reduction in pay or discharge any non-probationary Employee position, suspension, written reprimand, or dismissal except for just cause. Any such discipline Just cause shall include, but not be limited to: dishonesty, bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, neglect of duty, immoral conduct, habitual drunkenness, illegal use of controlled substances, incompetence, insubordination, refusal to obey orders given by proper authority, discourteous treatment of the public or discharge any other violation as listed in Section 250.14(e) of the “Codified Ordinances of Trenton, Ohio” or any violation of divisional standards of conduct on and off duty.
32.3 Forms of disciplinary action shall be subject to the Grievance written reprimands; suspension without pay or Appeals Proceduredischarge. Discipline shall be applied progressively, as applicablebut it is understood that some serious violations may warrant suspension without pay or immediate discharge. In following the administration principle of this Article"the punishment should fit the crime," the Employer will take into consideration the nature of violation, all the Employee's record of discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s 's record of performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesconduct.
Section 13.2 32.4 When the Employer (through its management agents) believes that an employee is guilty of an act or omission for which disciplinary action is warranted, the following steps shall apply:
a. The City Employee will be promptly notified that he is accused of conduct for which discipline is contemplated and Union agree Employees the employee shall be treated as consistently as possible as concerns advised of the application nature of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services alleged conduct and the mission nature of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action evidence against him or her, the time and place of the conference with the Chief of Police, and his right to bring with him to the conference an OPBA representative.
b. At the conference with the Chief of Police, the charges will be stated to the Employee has and the rightEmployee shall have an opportunity to offer his explanation, defense, or mitigating circumstances.
c. At the conclusion of the conference, the Chief of Police shall do one of the following within 5 working days:
(1) Dismiss the allegations as unfounded without record; or
(2) Impose appropriate discipline of record.
d. If the discipline imposed is a reprimand, the employee may appeal through the grievance procedure up to Step Two. If the discipline imposed is a suspension or discharge, the OPBA will be notified by the Employer and shall be given an opportunity to meet with the City Manager or his or her designee within forty-eight (48) hours after the conference. Any agreement reached between the OPBA the Employee, and the Employer at this stage shall be final and binding on the OPBA the Employee, and the Employer and shall not be subject to further appeal.
e. If no binding agreement is reached, the Employer will impose the disciplinary action and, if the disciplinary action consists of suspension or discharge, the employee shall then have the right to submit the matter to arbitration in accordance with Step Three of the grievance procedure.
32.5 The Employer may conduct investigations of alleged misconduct by an employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Chief of Police or his designee, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. The responses by the Employee, either written or oral, shall be subject to the following:
a. Reports or responses to questions made by an employee in the course of an investigation of misconduct, upon order of the Chief of Police, may not be used in a criminal proceeding against the employee who made the report or responded to the question.
b. The reports and responses may be used by the Employer in taking appropriate actions and in defending such action with respect to discipline or discharge of the charged employee.
c. An Employee under investigation for commission of misconduct which would constitute a crime with respect to which "Miranda" warnings are required to be given, shall be advised, prior to questioning, of his "Miranda" rights. An employee who is under investigation for misconduct which would not constitute criminal conduct subject to "Miranda" rights will be informed, prior to questioning, that he is the subject of an investigation, the nature of the suspected misconduct, and his right to have representation of his choice present during the questioning. The Employee, upon request, may obtain postponement of the questioning for a reasonable period not to have a Union representative present. Management is not required exceed twenty-four (24) hours in order to inform arrange for representation to be present for the questioning if the employee so desires.
d. Failure by an Employee to complete the report or to respond to a relevant question may be deemed refusal and may result in disciplinary action.
e. Interrogation, questioning, or interviewing of his/her witness rights; a bargaining unit member accused of misconduct shall be conducted during the employee's working hours unless it is the Employee’s responsibility impractical to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that do so because the Employee is being considered for discipline involving a suspension without pay on sick leave, vacation, or demotion as a possible outcome other leave of absence. Any tape recorded interviews will be copied and made available to the other party upon request.
f. These disciplinary procedures and the grievance and arbitration procedures of this Agreement are in lieu of the hearing. Notice civil service laws and regulations under Chapter 124 of the O.R.C. and the City Charter pursuant to the provision of R.C. Section 4117.10(A).
g. As an alternative or in addition to the above, in the event of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded serious incident, an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall internal investigation may be conducted by an impartial hearing officer designated investigative team chaired by the Human Resources Director or designee. Upon conclusion Chief of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Police.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City employer reserves the right to discipline discipline, suspend or discharge any non-probationary Employee employees for just cause. Any such discipline The Employer further reserves the right to adopt reasonable rules and regulations not inconsistent with terms of this agreement governing employee conduct and to discipline, suspend or discharge shall employees for violating the same. The Union and any affected employees reserve the right to grieve the reasonableness or application of such Board adopted rules and regulations. At any time that a written warning or more serious discipline is imposed upon an employee, the Union will be subject so notified within a reasonable period of time. Generally speaking, the Employer agrees to recognize and employ the Grievance or Appeals Procedureprinciples of progressive discipline. Thus, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of terminationminor offenses (such as tardiness), a first violation will be dealt with through verbal counseling and/or written warning. Additional offenses of the same or similar seriousness may be punished more severely, giving due regard to the number of prior offenses, the period of time between offenses, the employee's overall work record and any other relevant factors. In the case of serious offenses (such as intoxication/use of illicit drugs, refusal to submit to a drug/alcohol test under Section 24.6, dishonesty (including theft or fighting), the Employer reserves the right, even on the first offense, to impose appropriate punishment (up to and including discharge). This principle Discipline will not be issued in an arbitrary or capricious manner. An employee shall not be given a hand-delivered copy of any written warning, reprimand, or other disciplinary action entered on his/her personnel record within seven (7) days from the date the action was taken. The provisions of this paragraph apply to deliberate the extent that the employee is present at the Employer's premises. Otherwise, copies of notices shall be mailed to the employee's home by certified U.S. mail, return receipt requested. The employee shall be deemed to have received such notice if the Employer follows the procedures of this paragraph within seven (7) days. Any employee who has been disciplined by suspension or serious offenses discharge will be given a written statement describing the reason or reasons for which may lead he/she has been suspended or discharged. In the case of suspension, the employee will be advised of the duration of the suspension. Any employee who is requested by the Employer to submit to an immediate demotion interview or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights other form of questioning in their positions until after completing connection with an investigation where the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be employee reasonably believes the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview investigation may result in disciplinary action against him or her, the Employee has the rightemployee shall be entitled, upon request, to have a Union representative present. Management is , either in person or, if that not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationbe practical by telephone. The Union representative employee shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees further have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered confer for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees Union representative prior to submitting to questioning by the Employer. Any suspension shall be allowed for a specific number of consecutive days on which the employee would be regularly scheduled to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance noticework. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include Holidays occurring during a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu period of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay counted as work days for the purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveonly.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 11.1 The City reserves the right to employer will discipline or discharge any non-probationary Employee employees for just causecause only. Any such discipline Disciplinary action will be in the form of:
a) oral reprimand;
b) written reprimand;
c) suspension without pay; or
d) discharge. Both the employer and the union agree that the above list of types of disciplinary action is not meant to imply a sequence of events. Disciplinary action taken by the employer must be done in a manner that will not intentionally embarrass the employee before other employees or discharge shall the public, except that action taken in accordance with Articles 11.3 and 11.5 must not be subject to the Grievance or Appeals Procedure, as applicable. In the administration in violation of this Articleprovision.
11.2 Written reprimands, all discipline shall suspensions and discharges will be reasonably expedientin written form.
11.3 Written reprimands, progressive in nature, based upon the circumstances notices of the offense and the Employee’s performance recordsuspension, and be corrective rather than punitive (except in the case notices of termination). This principle shall not apply discharge to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as become part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeeemployee’s responsibility to know and request Union representation. The Union representative shall Human Resources file must be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed presented in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion presence of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union union ▇▇▇▇▇▇▇ or representativeBusiness Agent, chosen by if the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearingemployee requests their presence, and 5) acknowledged by signature of either the right to have a Union employee, ▇▇▇▇▇▇▇ ▇, or representative Business Agent. The disciplined employee and the union will receive a copy of such reprimands and/or notices. When an employee has not reported for work or has left the work site, the notice may be delivered by certified mail.
11.4 Disciplinary actions entered into an employee’s Human Resources file must be removed after one calendar year, if no further disciplinary actions have been taken during that year. Records of suspension must be retained in the official personnel file for eighteen (18) months, with the exception of suspensions for issues related to sexual or racial harassment or physical violence, which must be retained in the employee’s official personnel file for five (5) years.
11.5 Employees may examine their own individual personnel files at reasonable times under the hearing, 6) the name direct supervision of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that employer. Permission must be secured from the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentsupervisor if this would occur during work time. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated individual's personnel file is that maintained by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action in addition to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies vacation and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative sick leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her records maintained by each operating department.
Section 13.12 Employees shall be allowed 11.6 An investigation involving possible disciplinary action defined in Article 11.1 will not begin until the employee has been given an opportunity to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other have a Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from Representative present at such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsquestioning.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall 11.7 Any employee found to be offered to an Employee and, if accepted by an Employee, shall unjustly suspended or discharged must be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvereinstated and must suffer no financial loss.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee employee to discover information as part of an investigation, and the Employee employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeeemployee’s responsibility to know and request Union representation. The Union union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employeeemployee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeeemployee. The If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employeeemployee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-pre- action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvefifteen
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 For the purpose of this article Supervisor in the case of a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The City reserves Board has a responsibility to inform the right employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline or discharge any non-probationary Employee and ultimately dismiss an employee for just cause. Any such discipline or discharge An employee shall be subject to have the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, right to have a Union representative presentpresent at disciplinary meetings with the Board. Management is not required to inform The Board will notify the employee in advance of his/her witness rights; it is a disciplinary meeting and the Employee’s responsibility employee's right to know and request have Union representationrepresentation at the meeting. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have has the right to not participate in such have a meeting if management denies union representation representative of The Canadian Office and continues to question the EmployeeProfessional Employees Union present at all disciplinary meetings.
Section 13.4 For minor offenses 15.2 When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type employee for unjust suspension or discharge shall be held treated as a grievance and handled in private between accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to employees who have completed their probationary periods.
15.5 The Board will verbally notify the Employee and the supervisor. Counseling is not considered discipline and is not subject Union of any letter of discipline, suspension, or discharge sent to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the EmployeeUnion member. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management Union will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and within five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon employee's receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionsaid letter.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 A. The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Employer shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate discipline, suspend, or discharge an employee for proper cause. The parties recognize, where practicable, the principles of progressive discipline will be implemented, except in the cases of serious or gross violation, such a meeting if management denies union representation as assault, theft, routine abuse or negligence involving district equipment/vehicles and continues to question the Employeeimmoral or indecent conduct.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with B. The Employer will notify the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified employee in writing of any pre-disciplinary penalty he/she receives. Such notice to him/her shall also set forth the reason(s) for the Employer’s action. The president may also be sent a copy of this notice. The local union president may receive copies of suspensions and termination at such time as notice is given to the employee. The local union president or vice president should be present at the time disciplinary action hearing at least two (2) working days (is imposed. This may be the request of the Employer of the Union.
C. If the Employer determines that there is or equivalent work hours) prior may be proper cause for the discharge of an employee but it wants to a pre-action hearing and review the matter further, the Employer may elect to first suspend the employee for up to five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representativesdetermination for the Employer’s final decision on the matter. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officerIf, following such a suspension, the Department Head shall make the Employer’s final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action decision is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of to give the employee and if appropriatea disciplinary layoff rather than a discharge, recommend corrective action to any days he/she is so suspended will be counted in the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 total number of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents days of his/her Human Resources personnel discipline. An employee who is discharged who elects to contest the Employer’s decision or the Union may file under appropriate supervision a written grievance beginning at Step 4 of the grievance procedure set forth in Article 7.
D. Any employee found to be unjustly suspended and/or discharged shall be reinstated with full compensation for all lost time and with reasonable advance notice. Stewards or full restoration of all other Union representatives shall also be allowed to review rights and copy the contents conditions of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. employment.
E. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from shall have the disclosure unconditional right to terminate a probationary employee. Article 7 shall not be applicable to or be utilized to protest the Employer’s termination of these recordsa probationary employee.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered F. An employee may review his/her personnel file upon making a request to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvedo so.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 10.1 The City Employer reserves the right to discipline discipline, suspend, or discharge any non-probationary Employee Employees for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees 10.2 An Employee shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen present at a meeting called by the EmployeeEmployer for disciplinary purposes. Where circumstances require immediate imposition of discipline and a ▇▇▇▇▇▇▇ is not readily available every reasonable effort shall be made to have the President, present in any disciplinary hearingor designate, of the Local present. Employees If the Employee has requested representation and neither the ▇▇▇▇▇▇▇, nor the President is immediately available, then the Employer shall advise the Union as soon thereafter as possible of the discipline imposed.
10.3 An Employee shall be notified in writing of any pre-disciplinary action. Unless specifically directed otherwise by the Employee, the Employer shall notify the Union of the action hearing at least two taken within 48 hours of such decision unless otherwise directed by Section 27, subsection (2k) working days of the Freedom of Information and Protection of Privacy Act (or equivalent work hours) prior Nova Scotia).
10.4 Whenever the Employer deems it necessary to discipline an Employee, in a pre-action hearing and manner indicating that dismissal may follow any further infraction, the Employer shall, within five (5) working days thereafter, give written particulars of such incident to the Employee, with notice to the Union, unless otherwise directed by Section 27, subsection (or equivalent work hoursk) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice Freedom of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome Information and Protection of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten Privacy Act (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if anyNova Scotia).
Section 13.9 Discipline 10.5 Where it is determined, through the grievance process that an Employee has been unjustly disciplined, suspended or discharged, the Employer shall include: written reprimandsforthwith compensate the Employee for any amounts as agreed between the parties or as determined by arbitration, suspensions without payincluding where appropriate, demotionsreinstatement. If the grievance is sustained in full, and discharges. Employees disciplined all records held by the employer dealing with such discipline, suspension or discharge shall be given a copy of such discipline at removed from the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time Official Employment File and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or destroyed immediately upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionfinal decision.
Section 13.11 It is understood that previous disciplinary issues shall be considered part 10.6 Records of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure any discipline shall be removed from the Employee's Official Employment File if, within the subsequent thirty (30) months of actual work, there have been no further incidents of the same or of a similar nature. When a record of discipline has been on an Employee’s Human Resources Department file and File for more than twelve (12) months, the Employee may request the record to be removed from the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review Official Employment File and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees may agree or not agree to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordssuch request.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. NOTE: This section replaces entirely Section 13.1 2.9 E and F of the Faculty Handbook
17.1. The City reserves the right to discipline University agrees that no Bargaining Unit Member shall be suspended without pay or discharge any non-probationary Employee for discharged without just cause. Any such discipline or discharge Discharge shall be subject defined as the termination of a tenured faculty member or the termination of a faculty member’s appointment prior to the Grievance expiration of that appointment. However, termination of tenured faculty for financial, programmatic or Appeals Procedure, as applicable. In other administrative considerations shall not be covered by the administration just cause provisions of this Article, all discipline shall be reasonably expedientbut instead are addressed in Article 19, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesRetrenchment.
Section 13.2 The City and Union agree Employees shall 17.2. Discipline may include written warnings which will not be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules issued arbitrarily or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationcapriciously. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with Bargaining Unit Member will receive a copy provided to the Employee. The Employee may provide a of any written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not warning and such warning will be placed in the employeeBargaining Unit Member’s official Human Resources Department personnel file. Any such warning will specifically state that it is a written disciplinary warning. Concerns over a Bargaining Unit Member’s performance, as opposed to misconduct, will be handled in accordance with the Evaluation Article 12. As a general principle, a Bargaining Unit Member will be promptly informed about any administrative judgment about her or his conduct or performance.
17.3. Discipline shall not include oral counseling or verbal reprimands, nor shall it include performance reviews. Such matters are not grievable under this Agreement.
17.4. At the President’s discretion, a Bargaining Unit Member may be placed on paid administrative leave to permit the University to investigate potential or alleged misconduct that may lead to discipline. However, should an Employee grieve or appeal any employment action in the future, counseling records may being placed on such administrative leave shall not itself be used as evidence in these grievance hearings or appealsdeemed discipline.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of 17.5. In cases where the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with administration is conducting an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means investigatory interview that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up Bargaining Unit Member reasonably believes may lead to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingdiscipline, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee Bargaining Unit Member shall have the right to appeal or grieve have an Association representative present at the meeting. The administration shall provide a reasonable notice of such discipline as provided under Article 14 of this Agreement or under meetings and the administrative grievance procedure provided within Section 400 of allegations to be discussed at the Personnel Policies and Procedure Manual, as appropriatemeeting.
Section 13.10 Pending a pre-action or pre-termination hearing17.6. Where appropriate, the City University may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered also require as part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance restitution, appropriate training or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards counseling or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employeeremedial action. The written authorization shall include University reserves all rights to itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a statement that the Employee releases the Employer from all liability regarding the disclosure violation of these recordslaw. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveArticle 18: Intellectual Property Policy
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 9.01 An employee who is discharged or suspended shall be given a reasonable opportunity to interview his/her Committeeperson in a private area designated by the Employer before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to the suspension or discharge, to require the immediate expulsion of the employee from the plant premises.
9.02 During the probationary period, any employee shall be considered as being employed on a trial basis, and may be discharged where the employee is considered, in the judgement of the Employer, to be unsuitable. The City reserves discharge of a probationary employee can be based on a lesser standard than that for a seniority employee, and shall not be arbitrary and should generally be at the right discretion of the Company. The Plant Chairperson shall be informed of discharge of probationary employees immediately.
9.03 An employee who is to discipline receive a written warning, suspension, or discharge, shall have their regular zone Committeeperson or their alternate zone Committeeperson in the absence of their regular zone Committeeperson, at any meeting held for this purpose. The Employer will provide a copy of the notice of written warning, suspension, or discharge to the employee’s Committeeperson.
9.04 In imposing discipline on a current charge, no prior infractions that occurred more than twelve (12) months previously shall be taken into account or relied upon in any non-probationary Employee for just causeway.
9.05 When discipline (written warning, suspension and discharge) is to be imposed by the Company, it will be imposed within five working days (5) days of the infraction. Any such discipline or discharge shall employee absent for any reason from the date of infraction will not be subject considered in the five (5) working day period. Prior to the Grievance issuance of any disciplinary notice the Company will notify the appropriate Committeeperson except as provided in 9.01 above. If the above time limits are not strictly adhered to, the discipline will not be imposed. The time limits may be extended if agreed to by the parties in writing within the said five working (5) day time limit.
9.06 The company will not administer discipline so late in the work day that a Union representative may need to stay past normal working hours. Should the discipline be administered at such a time that the representative needs to stay past normal hours then that representative will be paid at the applicable overtime rate for the time spent. Article 10 - Arbitration
10.01 Where a difference arises between the parties relating to the interpretation, application or Appeals Procedure, as applicable. In the administration of this ArticleAgreement, all discipline including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting the Grievance Procedure established by this Agreement, notify the other in writing, of its desire to submit the difference or allegation to arbitration. The notice shall be reasonably expedient, progressive in nature, based upon delivered to the circumstances other party within twenty (20) working days of the offense reply under Step 2 and shall contain the name of the arbitrator next on the list. The party delivering the notice shall then have the responsibility of contacting the arbitrator within ten (10) days after the date of the notice to determine available dates, which will then be communicated to the other party. The parties shall then agree on a date, which is acceptable to themselves and the Employee’s performance recordarbitrator within the next ten (10) working days. Failure by the party having carriage of the grievance to carry out the steps herein in a timely fashion shall mean the matter is deemed to have been settled on the basis of the last written answer of the responding party.
10.02 As provided for in Article 10.01, and be corrective rather than punitive (except the party delivering the notice to arbitrate shall indicate in the case of termination)notice the arbitrator for that grievance from the following list:
1. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇ ▇▇▇▇▇▇▇, Q.C.
2. ▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇
3. ▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇▇▇
4. ▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve▇▇▇▇▇▇
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The To ensure an Employee has opportunity to correct his/her actions in a timely manner, any issue requiring counseling documentation shall normally be presented to the employee within thirty (30) days from the time management becomes aware of the issue. If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, and ; 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) calendar days from management becoming aware of the alleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 30.1 In the event that an employee is to be disciplined for behavior which is of such nature as to call for removal or suspension, a pre-disciplinary conference between the employee and the Sheriff will be arranged. This conference will take place no earlier than forty- eight (48) hours from the time the employee is notified. If the employee desires the presence of a Labor Council Staff Representative and/or Labor Council Associate at the conference, the employee shall notify the grievance representative and sufficient time shall be granted to allow for appropriate representation. When the nature of the offense is such that immediate disciplinary action is required the Employer is not prohibited from taking immediate action by this provision. Prior to a pre-disciplinary conference the employee shall be provided a written statement outlining the nature of the violations and charges. The City reserves purpose of the notification shall be to give the employee notice of the charges and allow the opportunity to respond. The notice of pre-disciplinary conference shall also contain the date, time, and place of the pre-disciplinary conference. The employee or OLC representative may waive the right to discipline or discharge any nona pre-probationary Employee for just cause. disciplinary conference.
Section 30.2 Any such discipline or discharge investigatory questioning regarding charges of employee misconduct shall be subject made under the following conditions:
1. The questioning shall take place at the Sheriff’s Office or other mutually agreeable site.
2. The employee shall be informed of the nature of the investigation before any questioning commences. If the employee is being questioned as a witness only, the employee shall be so advised prior to the Grievance or Appeals Procedure, as applicablecommencement of the questioning.
3. In the administration of this Article, all discipline All questioning shall be reasonably expedient, progressive undertaken in nature, based upon the circumstances of the offense a proper and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination)businesslike manner.
4. This principle shall not apply to deliberate or serious offenses which may lead to If an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be employee is the subject of such grievances.
Section 13.2 The City and Union agree Employees a criminal investigation the employee shall be treated as consistently as possible as concerns so advised and afforded the application of discipline and/or same constitutional rights to which any other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This individuals are entitled and shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee be specifically advised of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officerrights.
Section 13.7 Notice 30.3 The tenure of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome every Bargaining Unit employee of the hearingSheriff’s Office shall continue with good behavior and efficient service. Notice No employee shall be reduced in pay, suspended, discharged, removed or otherwise disciplined except for just cause. Forms of a predisciplinary action will normally be progressive and may include:
A) Verbal reprimand or counseling;
B) Written reprimands;
C) Suspension without pay;
D) Reduction in classification-termination hearing means that demotion (which may include suspension); and/or
E) Discharge from employment. In determining the employee is being penalty, the Sheriff shall take into account the nature of the violation. The employee’s record of discipline and the employee’s record of performance and conduct may be considered but shall not control the right of the Sheriff to impose the appropriate penalty including the maximum penalty for any level of discipline up to and including discharge as a possible outcome of the hearingoffense.
Section 13.8 Discipline above the level of written reprimand shall require 30.4 Any order for a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action polygraph or pre-termination hearing, the burden of proof similar exam shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated in writing and signed by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Sheriff.
Section 13.9 Discipline 30.5 Investigations concerning complaints not involving criminal activity shall include: written reprimands, suspensions without pay, demotions, and dischargesbe started within one hundred twenty (120) days of the time the Sheriff became aware or reasonably should have become aware of the alleged offense. Employees disciplined Notification that an investigation is being conducted shall be given a copy of such discipline at to the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action bargaining unit member within thirty (30) days of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 start of the Personnel Policies and Procedure Manual, as appropriateinvestigation.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 1201 The City reserves the right to discipline or Employer shall discipline, suspend and discharge any non-probationary Employee employee for just causecause only. Any It is the intent of the Employer to use progressive discipline in normal circumstances. Where appropriate, the Employer will use informal corrective action such as verbal counseling and/or documented counseling prior to issuing of formal discipline. Formal discipline imposed may include any or discharge all of the following: Written Notice of Disciplinary Action, Suspension and Discharge. With respect to discipline, the Employer will exercise reasonable judgment in disciplining employees by providing at least one (1) written warning prior to disciplinary action, except that such written warning shall not be required where the employee is guilty of gross misconduct (such as substance abuse, physical altercations or theft) or gross neglect of duty which could result in immediate termination. All employees shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate have the local Association representative present at any meeting with supervisors or management representatives when such meetings are investigatory or disciplinary in such a meeting if management denies union representation and continues nature. Prior to question beginning any investigatory or disciplinary interview, the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with supervisor will inform the employeeCRNA of the nature of the interview. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. 1202 It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed a violation of this Agreement and it shall not be cause for discipline, including discharge, if a CRNA refuses to perform any service which but for the existence of a lawful, primary labor dispute would be performed by other employees of the Employer, except in the employee’s official Human Resources Department filecases of extreme emergencies. However, should an Employee grieve or appeal any employment 1203 Any material relating to corrective action in the future, counseling records may for which there has been no recurrence for twelve (12) months shall not be used as evidence a basis for progressive corrective action in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort any future matters and will be removed from the file after twelve (12) months from the date of occurrence. Employees will have reasonable access to complete investigations into alleged offenses and review their files to provide notification ensure that outdated letters of hearing to Employees within corrective action have been removed. If an employee is absent for thirty (30) or more calendar days from becoming aware of days, the alleged offense. A disciplinary action report should entire period will be offered added to the Employee within seven (7) calendar days prescribed time limit for current letters of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationcorrective action. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees 1204 All employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ read and review any formalized concern with respect to care or representative, chosen services rendered by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officerCertified Registered Nurse Anesthetist.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Sources: Labor Agreement, Tentative Agreement
Discipline. Section 13.1 The City reserves An employee will not be disciplined or dis- charged nor will entries be against an employee's record without sufficient cause, and in each case where disciplinary action is to be taken, the right employee will be given a complete written statement of the precise charges against the employee and the disci- plinary action to discipline taken. Such written statement will be furnished to the employee in person or discharge any non-probationary Employee for just cause. Any by certified or registered mail prior to the commencement of such disci- ▇▇▇▇▇; however, the employees may be noti- fied of such discipline or discharge by telephone while the written notification is in transit. Notification thereof shall be subject furnished to the Grievance Local simultaneously therewith, by telephone or Appeals Procedure, as applicablein person pending receipt of a copy of the Personal Record Entry. An employee being removed from at an away from home point will be paid normal rate of pay until reaches the location normally works out of. In the administration case of this Article, all discipline operators,they will be paid the rate. Disciplinary action charged on the personnel record of an employee shall be reasonably expedientremoved after a period of two (2) years from that date in the event that no disciplinary action has been charged to such record for a similar type of infraction; however, progressive in nature, based upon the circumstances accidents or entries involving an employee's ability to safely drive a bus will remain a permanent part of the offense employee's record. The Company will permit an employee or representative, upon confirming an appointment to either copy or check the service record and medical examination reports, provided the Employee’s performance recordemployee. has signed a medical release form. Upon request, and be corrective rather than punitive (except Company will furnish the Union copies of information contained in the file which has not previously been furnished where the Company has a copying machine readily available and such records are not volumi- nous. Letters of complaints, telephone calls or com- plaints made in person shall not form the basis for disciplinary action involving a sus- pension unless, at the request of the Union, the complainant appears in person at a hearing at the appropriate Manager or a rep- resentative's level. This appearance require- ment does not apply with respect to law enforcement agencies. No discipline by suspension shall be admin- istered to any employee which shall perma- nently impair his seniority. When discipline is rendered or discharges are ordered, same will be done by the appro- priate Manager or their assistants; however, the employee's immediate supervisor may remove the employee from service as set Forth in the following paragraph and may recommend the discipline to be imposed in such case of termination)which he has knowledge. This principle shall The Company may remove from service with pay but not apply suspend any employee until the completion of an investigation and hearing with the Union Agent or designated representative in atten- dance, if requested by the employee. However, any employee may be dismissed or suspended immediately for intoxication or dishonesty. be withheld from active service on a standby basis until the investigation is completed. Such employees will be compensated for the time they are held on a standby basis; regu- lar operators, their pay spare operators, earnings missed, except where the employee is found to deliberate or serious offenses beat fault, in which case the standby may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information applied as part of a suspension period, if applicable. If investigation results in an investigationemployee disciplined, dismissed or suspended, such case may be taken directly by a representa- tive of the Union to the appropriate Manager or representative, in accordance with applicable limits prescribed this level of the grievance procedure. Except as provided in the next paragraph, dis- cipline rendered shall be taken within twenty one days after the Company's knowledge of the incident or following appropriate Manager's hearing where applicable. Upon written request, an fourteen days will be granted. Company as used means Greyhound Canada Transportation (Eastern Division) supervisor or checker. G Checker's reports, involving improper han- dling of Company funds or property for which the Company is responsible, shall not form the basis for disciplinary action unless same is made the basis of a charge within three (3) months of the date of such er's report and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative recent checker's report shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee made within seven (7) calendar days preceding the date of completion such action. Inspectors, in employees, arc to give the Facts pertaining to the performance of their duties. Personal opinions of inspec- tors not substantiated such facts will not be made the basis of rendering discipline. If, as a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice result of a delay in the process stated above, Management will be given additional time. The written notice shall provide appeal to the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ appropri- ate Manager or representative, chosen by the Employeediscipline the discharge is revised or cleared, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action record of the employee will be corrected accordingly and the employee will paid for any loss of earnings in dance with the decision rendered plus rea- sonable expenses if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have same were incurred as a result of such investigation or hearing having taken place at a point other than the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 home terminal of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveemployee involved. In cases where employees become involved in accidents or other incidents whereby deter- mination of fault is dependent upon investi- gations by the Employee is on paid administrative leavepolice or govern- ment inspection officers, the Department shall have sole authority above specified time limits will commence from the date the results of such investigation and reports are made available to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from Company and the Union. Where discipline is rendered in the form of a suspension, the suspension shall be served when the employee would normally be in active duty and will not be served during periods of off time such as worker's compen- sation or sick leave. If the Employee has been involved with a possible criminal offensedispute involves discipline or discharge, the employee place for any hearings or arbitration shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and home terminal of the pay status determination employees involved unless otherwise agreed between the parties. The place of all other arbitrations shall be solely at management’s discretionagreed upon.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee A. No bargaining unit member shall be disciplined except for just cause. Any such discipline Employees shall not be discharged or discharge shall be subject given a disciplinary suspension without first being given an opportunity to attend a conference where the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances employee may give his/her version of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination)events at issue. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the rightemployee being so disciplined shall, upon request, to have a Union representative present. Management is , but shall not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to be accompanied or represented by a private attorney or any other person other than the Union. Such a pre-suspension/discharge conference shall not participate in such a meeting if management denies union representation and continues be required relative to question the Employeeserious offenses requiring immediate action.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with B. The University may promulgate and publish work rules regulating the employee. Counseling conduct of this type bargaining unit employees and informing employees of the types of conduct which shall be held in private between deemed inappropriate. Newly promulgated or amended work rules shall be sent to the Employee Union President or his/her designee fourteen (14) days prior to the date they take effect. Until the time new rules are promulgated, present department rules and the supervisorenumerated offenses stated in O.R.C. §124.34 will apply. Counseling is not considered discipline The grievance procedure shall be available if the rules are unreasonable or are applied in a discriminatory manner.
C. Copies of suspension and is not subject to the Grievance Procedure. A written Employee Counseling Record may discharge actions will be completed to document such counseling with a copy provided to the Employeeemployee or mailed to the employee's address of record and mailed to the Union President or his/her designee at the time disciplinary action is taken.
D. Disciplinary suspensions shall be for a specified number of days and holidays shall be counted as a day of suspension for this purpose.
E. Suspensions and discharges may be submitted to the grievance procedure at Step 3. All other disciplinary actions may be submitted to the grievance procedure at the step at which the discipline was issued.
F. Notices dealing with discipline consisting of a suspension or termination shall state the type and amount of discipline imposed, and the reasons for the disciplinary action taken. The Employee may provide a written responsenotice shall include any contract provision, statute, policy or work rule which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time employer considers to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional timehave been violated. The written notice Union shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given receive a copy of such the discipline notice at the time such action the notice is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action presented to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateemployee.
Section 13.10 Pending a pre-G. Disciplinary action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department employees personnel file and will cease to have any force or effect in compliance with the Employee’s official personnel file within his/her departmentfollowing schedule, provided the employee has no intervening discipline while current discipline remains active. If an employee has intervening discipline during the time period that formal discipline remains active, the time of the new discipline shall extend the old discipline with it until the new discipline expires:
1. Verbal and Written reprimand twelve (12) months.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice2. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsSuspension twenty four (24) months.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 a) The City reserves the right to Company may discipline or discharge any non-probationary Employee an employee for just causecause and the employee shall be notified with reasons in writing. Any such discipline or Copies of all disciplinary reports including the nature and details of the infraction (other than documentation related to coaching and counselling) and notices of discharge shall be subject forwarded to the Grievance Union prior to the discipline being applied. Should the employee or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall Union be reasonably expedient, progressive in nature, based upon the circumstances of the offense and opinion that the Employee’s performance recorddiscipline is unjust, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which discipline may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesa grievance and processed in accordance with the grievance procedure.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns b) Where an employee is required to meet with a representative of the application Company for the purpose of applying discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heremployee, the Employee has the right, upon request, employee will be entitled to have a Union representative presentpresent during the meeting. Management is not required to The Company shall inform the employee prior to the meeting taking place; however, should the Union representative be unavailable, the Company shall not be prevented from taking disciplinary action.
c) An employee has a right to examine their Personnel File upon request, by requesting electronic access through their HR Representative. The Employee will be given a temporary link to view their electronic Personnel File. The employee may reply in writing to any document contained in the file which reflects upon their work performance with the Company and the reply will become part of his/her witness rights; it is their permanent record.
d) Past disciplinary notices will be deemed void after an employee has maintained a clear record with no infraction for twenty-four (24) months. After the Employeetwenty-four (24) month period, the disciplinary notices will be removed from the employee’s responsibility to know and request Union representationPersonnel File. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline Company may mutually agree to increase or decrease the period that past disciplinary notices are deemed void and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur removed from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsPersonnel File.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification e) Suspensions of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days or more, that are not progressive in nature, are not subject to removal in accordance with clause (d) and will remain on the employee’s file when they are imposed for one of the following reasons: • Workplace Violence; • Criminal Activity; • Personal/Psychological, Discriminatory or equivalent work hoursSexual Harassment; • Safety Violation; and • Inappropriate use of EPCOR Assets and Resources (including EPCOR’s name or brand, computers and electronic resources and Intranet, Internet and email.
f) prior Where the Company has issued an employee a discipline report which is based upon or related to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s)previous documented coaching and counselling, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof such documentation shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior attached to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing discipline report for informational purposes and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action subsequently forwarded to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateUnion.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline 10.01 Whenever a written work infraction is issued, or whenever a recommendation is made for suspension or discharge of any non-probationary Employee for just cause. Any such discipline or discharge employee, a copy of the work infraction report shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee delivered within seven (7) calendar working days of completion the occasion giving rise to the work infraction report, or the date on which the Corporation becomes aware of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay the occasion, to the employee in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing presence of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative who shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given also receive a copy of the said report; provided however, that where the employee is not at work and it is not possible to deliver the infraction personally to him, such discipline infraction report shall be sent to the employee by certified mail kit, registered mail, or telegram and a copy shall be delivered to the Union ▇▇▇▇▇▇▇. Seven (7) working days shall be defined as seven (7) business days of Human Resources.
10.02 In cases of suspension or discharge, the grievance procedure shall commence at the time such action is taken. This document Chief Administrative Officer or designate level and any grievance shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action be delivered within seven (7) working days after delivery of the employee infraction report. At the hearing before the Chief Administrative Officer or designate in cases of discharge or suspension, the Corporation shall firstly present its arguments and if appropriateevidence in support of its recommendation and the Union shall be privileged to present its arguments and evidence in reply as it considers necessary. Thereafter the grievance shall proceed in the same manner as any other grievance under Article 9. It is agreed that whenever a suspension is imposed it will not be put into effect until the grievance procedure, recommend corrective action to the Employee. A non-probationary Employee as set out in Articles 9.01A and 9.01B is exhausted, provided that Management shall have the right at any time to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request remove any employee from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentjob for reasons of safety to himself or others and/or to prevent damage to equipment.
Section 13.12 Employees 10.03 In the case of discharge or suspension, representatives of the Union and the individual if deemed necessary by the Union shall be allowed to review and copy contents have the opportunity of his/her meeting with the Executive Director of Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives designate to attempt to resolve the problem before going to grievance procedure at the Chief Administrative Officer or designate’s level.
10.04 In imposing discipline on a current charge, the Corporation shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. not take into account any infraction which occurred more than thirty (30) months previously.
10.05 The written authorization shall include a statement Parties agree that the Employee releases Department Head or designate has the Employer from all liability regarding right to suspend or discharge an employee, subject to the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsgrievance process.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline. Section 13.1 (a) The City reserves Company will endeavour to apply discipline consistently and fairly to all Company employees.
(b) The Union recognizes the right of the Company to discipline or discharge any non-probationary Employee employees for just cause. Any The Company will give an employee written notice of discharge, suspension or any other disciplinary action for just cause, stating the exact nature and details of the infraction. Copies of notices of discharge, suspension or any other documented disciplinary actions will be provided to the Union prior to such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicablebeing applied. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense These notices and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which any other disciplinary actions may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesa grievance and processed in accordance with the grievance procedure of this Agreement.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns (c) Where an employee is required to meet with a representative of the application Company for the purposes of applying discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or hersaid employee, the Employee has the rightemployee will, upon requestshould they so desire, be entitled to have a Union representative presentpresent during such meeting. Management is not required to The Company will so inform the employee prior to such meeting taking place, of his/her witness rights; it is the Employee’s responsibility their right to know and request Union representation. The If Union representative shall representation is desired by the employee then reasonable efforts will be told the purpose of made by both parties in scheduling the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union so that Union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department filecan occur. However, after reasonable efforts have been made, should an Employee grieve or appeal any employment action in a Union representative not be available to attend the futuremeeting, counseling records may the Company will not be used as evidence in these grievance hearings or appealsprevented from taking disciplinary action.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30i) calendar days from becoming aware of the alleged offense. A Past disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management notices will be given additional timedeemed void after an employee has maintained a clear record with no infractions for twenty-four (24) months. The written notice shall provide After the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pretwenty-action hearing at least two four (224) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingmonth period, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and notices will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employeeemployee’s Human Resources Department file Personnel file.
(ii) In disciplinary actions involving serious misconduct, the Union and the Employee’s official personnel file within his/her departmentCompany may mutually agree to increase the period that past disciplinary notices are deemed void and removed from the employee's Personnel file.
Section 13.12 Employees shall be allowed (e) An employee has a right to review and copy contents of his/her Human Resources personnel examine their Personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with datedupon request, written authorization from such Employeeprovided that a duly authorized management representative is present. The written authorization shall include a statement that employee may reply in writing to any document contained in the Employee releases file which reflects upon their work performance with the Employer from all liability regarding the disclosure Company and such reply will become part of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding their permanent record.
(f) Grievances arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall discharges will be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, initiated at the sole discretion Formal Review Phase of the Employee’s supervisor, be offered a vacation leave accrual reduction Dispute Resolution Process outlined in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvethis Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves proceedings for written reprimands, suspensions, demotions and involuntary terminations of this Article shall consider the incident and the discipline in terms of severity of the action, evidence of progressive discipline and appropriateness of the disciplinary action. Progressive discipline is defined to include an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The Union recognizes the need for more severe initial disciplinary action in the event of major violation of established rules, regulations or policies of the County or its operating departments. The decision to uphold the disciplinary action shall be based on the reasonableness of the discipline imposed by the supervisor in response to the actions taken or not taken by the employee. All written reprimands, suspensions, demotions and involuntary termination appeals of employees covered by this Agreement shall be handled solely in accordance with the procedure set forth in this Article and CCFD Rules and Regulations, with the decision of the internal panel or Arbitrator being final and binding on the parties.
A. No employee who has satisfactorily completed probation may be given an oral reprimand, written reprimand, suspended, demoted or terminated without just cause. Just cause may include, but not be limited to: inefficiency, incompetence, insubordination, habitual or excessive tardiness or absenteeism, abuse of sick leave or authorized leaves, and violation of established departmental work rules or procedures.
B. Supervisors and/or Fire Department management shall be required to provide a union representative any time there is reason to believe that disciplinary action equal to or greater than an oral reprimand shall result from any meeting between an employee and their supervisor and/or Fire Department management. Any time an employee believes they are going to receive discipline as a result of a meeting with the supervisor and/or Fire Department management, they may request to have a union representative present. The meeting shall be postponed for a time period not to exceed twenty-four (24) hours until such time a union representative is available.
C. Upon written request of the employee to the Human Resources Director, the employee shall have the right to discipline review items in their personnel file and provide rebuttal comments to be attached to original documents where the employee believes appropriate. Such rebuttal comments must be restricted to the document in question.
D. Upon written request or discharge any non-probationary Employee for just cause. Any such discipline authorization by an employee involved in a disciplinary hearing, the employee's attorney or discharge shall be union representative may obtain data that are necessary from the personnel file of the employee, subject to the Grievance discipline, in preparation for the Step 1 hearing or Appeals ProcedureStep 2 arbitration.
E. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. However, as applicable. In the administration of this Articleduring any termination notification process for a new hire employee, all discipline a union representative shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancespresent as a witness.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview F. Whenever an Employee to discover information as part of an investigation, and the Employee has a reasonable belief incident takes place that the interview may result in disciplinary action against him action, (other than a written reprimand which is subject to appeal as identified in section H, written reprimands) which may include a suspension, demotion or hertermination, a Joint Investigative Team (JIT) comprised of Fire Department management employee(s) and an officer(s) of the Union shall convene to investigate the incident. During their investigation, the Employee has team shall interview all parties involved, and analyze the rightfacts of the incident. When an employee is investigated, upon request, to have they shall be provided with a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know representative, and request Union representation. The Union representative shall be told the purpose advised of the meeting purpose, time, date, and be given reasonable time to confer with site of the Employee before interview by the meetingrespective management. Employees have Upon the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling conclusion of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may process, which must be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days days, the team shall present its finding(s) to the Fire Chief for their decision. An incident already reviewed by the Incident Information Advisory Team (IIAT) as outlined in Rule and Regulation 2.14, shall not be eligible for further evaluation by the JIT. The IIAT process shall include notice to the employee, by a supervisor or a Fire Department management employee, of their right to Union representation during the IIAT investigation.
G. A full time permanent employee who receives an oral reprimand, written reprimand or is recommended for suspension, demotion or termination from becoming aware County service shall be given a written statement, documented on an Employee Interview Sheet (EIS), setting forth the charges upon which the proposed oral reprimand, written reprimand, suspension, demotion or termination is based. The statement shall include an identification of the alleged offense. A specific charges against the employee and an explanation of the evidence to include: 1) Specific action or inaction by the employee that led to the proposed disciplinary action; 2) Specific citation to the rule, regulation, procedure, or other Departmental or County rule, regulation or procedure that has been violated; 3) Previous related disciplinary action report should be offered to that the Employee within seven (7employee has received; 4) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional timeMandatory corrective measures if applicable. The written notice EIS shall provide the Employee opportunity for the employee to respond with written rebuttal to the charges.
H. Written Reprimands Written reprimands are not subject to the full appeals process provided for suspensions, demotions, or terminations. An employee may choose to have their written reprimand reviewed at a hearing conducted by an estimated date when internal panel in accordance with CCFD Rules and Regulations. At such time, the process employee shall have five (5) working days from notification, not including the day of its receipt, to ask the Fire Chief that the panel be convened. The panel, which shall be completed.
Section 13.6 Employees composed of two (2) employees, one (1) selected by the employee, the other by the Fire Chief, shall meet within ten (10) working days of receiving the request. The employee requesting the panel’s review shall be given at least three (3) working days notice of the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by time and place for the Employee, present in any disciplinary hearing. Employees The panel shall determine if the written reprimand is appropriate, and whether it should be notified in writing of any pre-action hearing at least upheld, overturned or modified. The decision must be rendered within two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination of holding the hearing. The decision of the panel is final and binding on the parties. In the event that the panel does not reach consensus, then the written notification of hearings shall include: reprimand stands.
I. Suspensions, Demotions or Terminations
1) general information concerning Step 1 – Fire Chief Hearing and Response
a. An employee, who is recommended for termination, may be suspended with or without pay in an administrative leave pay status pending the alleged offense(s)Fire Chief hearing or arbitration.
b. The employee, 2) or the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name on behalf of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered employee, who has been recommended for discipline involving a suspension without pay suspension, demotion or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvefive
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary 10.1. No Employee for just cause. Any such discipline or discharge shall be subject to the Grievance disciplined or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to discharged without a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, except that an Employee may be suspended pending a hearing if his presence on the Union ▇▇▇▇▇▇▇ job would be considered to endanger the health and welfare of the public or representative shall be afforded the opportunity to meet privately with his fellow Employees, in which case the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representativeswill be held as soon as possible after suspension. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal a union representative, or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 another member of the Personnel Policies and Procedure Manual, bargaining unit as appropriatehis representative present during any questioning of the Employee regarding any matter that may lead to disciplinary action of the Employee. An Employee cannot delay the questioning more than four (4) hours to seek a representative. This provision does not apply to on-the-spot questioning to evaluate the situation.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an 10.2. No Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave discharged, suspended or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretiondisciplined because of race, color, creed, national origin, sex, political or religious affiliations, or membership in any labor or lawful affiliated organizations.
Section 13.11 It is understood that previous disciplinary issues 10.3. Written departmental reprimands shall be considered part issued without the necessity of a hearing as outlined above. A copy of such reprimand shall be sent to the progressive disciplinary process regardless of similarityUnion and Employee. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited Such reprimand is subject to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure procedure, but shall not be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentsubject to arbitration.
Section 13.12 Employees shall 10.4. Oral reprimands may be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless issued for any legal proceeding arising from the disclosure of these recordsinfractions.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline10.5. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism At all pre-disciplinary hearings, the Employee shall be offered entitled to an Employee and, if accepted be represented by an Employee, shall be considered a representative of the Union.
Section 10.6. All disciplinary actions imposing a suspension without pay for purposes and/or discharge, or other penalty greater than a written reprimand may be appealed exclusively through the arbitration provisions of this agreement. Bargaining unit members shall not have a right of appeal under the civil service laws of the city or the state of Ohio.
Section 10.7. Except in cases of gross or serious misconduct the principles of progressive disciplinedisciplinary action will be followed with respect to minor offenses such as, but not necessarily limited to, tardiness and absenteeism. An Employee who commits The progression where appropriate will include at least one reprimand before any suspension imposed prior to a non-absentee offense demotion/reduction or dismissal for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvesame or related offense.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentdepartment except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 10.01 Whenever a written work infraction is issued, or whenever a recommendation is made for suspension or discharge of any non-probationary Employee for just cause. Any such discipline or discharge employee, a copy of the work infraction report shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee delivered within seven (7) calendar days of completion the occasion giving rise to the work infraction report, or the date on which the Corporation becomes aware of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay the occasion, to the employee in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing presence of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative who shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given also receive a copy of the said report; provided however, that where the employee is not at work and it is not possible to deliver the infraction personally to him, such discipline infraction report shall be sent to the employee by certified mail kit, registered mail, or telegram and a copy shall be delivered to the Union ▇▇▇▇▇▇▇.
10.02 The Parties agree that the Executive Director or designate has the right to suspend or discharge an employee, subject to the grievance process.
10.03 In the case of discharge or suspension, representatives of the Union and the individual if deemed necessary by the Union shall have the opportunity of meeting with the Director of Human Resources or designate to attempt to resolve the problem before going to grievance procedure at the time such action is taken. This document Chief Administrative Officer or Acting Chief Administrative Officer‟s level.
10.04 In cases of suspension or discharge, the grievance procedure shall include commence at the specific reasons for such discipline such as, approximate time Chief Administrative Officer or Acting Chief Administrative Officer level and location, specific work rule or regulation violated, action any grievance shall be delivered within five (5) working days after delivery of the employee infraction report. At the hearing before the Chief Administrative Officer or Acting Chief Administrative Officer in cases of discharge or suspension, the Corporation shall firstly present its arguments and if appropriateevidence in support of its recommendation and the Union shall be privileged to present its arguments and evidence in reply as it considers necessary. Thereafter the grievance shall proceed in the same manner as any other grievance under Article 9. It is agreed that whenever a suspension is imposed it will not be put into effect until the grievance procedure as set out in Article 9.01A and 9.01B is exhausted, recommend corrective action to the Employee. A non-probationary Employee provided that Management shall have the right at any time to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request remove any employee from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentjob for reason of safety to himself or other and/or to prevent damage to equipment.
Section 13.12 Employees 10.05 In imposing discipline on a current charge, the Corporation shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for not take into account any legal proceeding arising from the disclosure of these recordsinfraction which occurred more than thirty (30) months previously.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances. The City reserves the right to discipline or discharge any non-probationary employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedures as applicable. IN the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil service rules, probationary employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.The City and Union agree employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.If it is necessary to interview an employee to discover information as part of an investigation, and the employee has a reasonable belief that the interview may result in disciplinary action against him or her, the employee has the right, upon request, to have a union representative present. Management is not required to inform the employee of his/her witness rights; it is the employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.For minor offenses by an employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the employee. If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner, Employee counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be ▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇ shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (10105) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial certified hearing officer from outside the department designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided with Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.. Pending a pre-action or pre-termination hearing, the City may place an Employee on paid administrative leave until investigation of the incident is completed. When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records, and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvea
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee Employee of his/her their witness rights; it is the Employee’s responsibility to know and request Union representation. The Union union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management and/or the Human Resources Department shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee Employees must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her them prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Employee and their Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial impartial, certified hearing officer from outside the department designated by the Human Resources Personnel Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any). A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the Employee When an employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee employee has been involved with a possible criminal offense, the Personnel Director or their designee must approve the employee shall be being placed on either authorized personal administrative leave unpaid or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionpay.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her their department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her their Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The , and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall may be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure(a) An employee, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in who has completed their positions until after completing the initial probationary period, which shall mean probationary Employees canwill not file disciplinary related grievances be disciplined or be the subject of such grievancesdischarged without an investigation.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers (b) When required to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of attend an investigation, an employee will be given at least 2 days notice in writing. The notice will include the date, time, place and subject matter of the Employee has hearing.
(c) Where an employee wishes to have up to (2) two *accredited representatives appear with them at a reasonable belief that hearing and such a representative cannot be made available for the interview may result in disciplinary action against him or hertime set for the hearing, the Employee has the rightemployee, upon requesteither directly or through an accredited representative, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of seek a delay in the process hearing sufficient for the Union to have an accredited representative made available. When an employee requests a change to the date stated in the above notice of investigation, that delay shall not normally be in excess of 14 days. Concurrence to such a request will not be unreasonably withheld by the proper officer of the Company. Application of this provision will not result in a need for a second notice period under the terms of Item (b) above, Management . The following Union Officers will be given additional time. considered accredited representatives: * National Union Representative * The written notice shall provide President of the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Council of Unions or their Designee * The Local Union President * The Shop ▇▇▇▇▇▇▇ ▇
(d) Where an employee so wishes, up to (2) two accredited representative may appear with him at the hearing. Prior to the commencement of the hearing, the employee under investigation will be provided with a copy of all the written evidence as well as any oral evidence which has been recorded and which has a bearing on their involvement. The employee and their accredited representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company Officers where necessary) whose evidence may have a bearing on their involvement. The questions and answers will be recorded and the employee being investigated and their accredited representative will be furnished with a copy of their own the statement. The employee under investigation may discuss with their accredited representative any questions directly related to and having a bearing on the alleged irregularity under review. However, this practice is not to be abused so as to impede investigation through the employee holding such discussions prior to answering routine questions, such as name, occupation, work location, hours of work, etc. Also, the accredited representative will be permitted to raise questions through the officer conducting the investigation during the course of the investigation. It will be the responsibility of the investigating officer to rule on whether or representativenot such questions are relevant. Whether considered relevant or irrelevant, chosen the question and answer will be recorded. It is to be emphasized that any advice given by the Employeeaccredited representative to the effect that the employee under investigation should not answer a relevant question will not be accepted by the officer conducting the investigation. The investigation will be conducted in a proper and dignified manner and at all times under the control of the person conducting the investigation.
(e) If corrective action:
(i) Is to be taken, present in any disciplinary hearing. Employees shall the employee will be so notified in writing of any pre-action hearing at least two (2) working the Company's decision within 28 days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearingfrom the completion of the employee's investigation, unless otherwise mutually agreed. The written Such notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative will be given at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay same time or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that after the employee is being considered personally interviewed by the appropriate Company officer (s), unless the employee is not available for any level of discipline up such an interview within the time limit prescribed.
(ii) Is not to and including discharge as a possible outcome be taken, the employee will be so notified in writing of the hearingCompany's decision within 28 days from the completion of the employee's investigation, unless otherwise mutually agreed.
Section 13.8 Discipline above (f) Employees will not be held out of service pending investigation unless:
(i) the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation circumstances of the incident are such that there is completed reason to believe that the employee's continued performance on the job could constitute a hazard to himself, other persons or the operations;
(ii) the offence is considered sufficiently serious to warrant such action;
(iii) it is essential to carrying out the investigation.
(g) Except as otherwise mutually agreed, the investigating officer shall be an individual who is in the best position to develop all of the relevant facts, provided such individual is not emotionally involved with the incident.
14.2 In determining corrective action the following shall apply
a) Records of any corrective action taken shall be added to the employee's personnel file and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Unionbe reviewed after two years. If the Employee employee has been involved with maintained a possible criminal offenserecord of good conduct for that two-year period, the employee shall be placed on either authorized personal leave or leave without pay all accounts of minor infractions and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary corrective action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department employee's file. If any additional corrective action was required during this period, all records of this action shall remain on the employee's file and until they complete the Employee’s official personnel file within his/her departmentnecessary two- year period of good conduct.
Section 13.12 Employees 14.3 An employee who is held out of service while under investigation, except in cases where the offence with which charged is of a nature which may result in suspension or dismissal, will be paid for any loss of schedule wages. Suspension will commence from the date the employee is removed from service. Dismissal will be effective on the date the decision is made to dismiss the employee. When an employee is held out of service pending such investigation, the investigation shall not be allowed unduly delayed.
14.4 An appeal against discipline imposed may be initiated at Step II of the grievance procedure. Should discipline after appeal be found to review and copy contents be unjust, resulting in cancellation of his/her Human Resources personnel file under appropriate supervision and with reasonable advance noticesuch discipline, the employee will be paid at schedule wages for each day lost, exclusive of any amount earned in other employment. Stewards or other Union representatives shall They will also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless reimbursed for any legal proceeding arising reasonable expenses incurred if required to be away from home in connection with the disclosure of these recordsinvestigation.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 22.1 No Mechanical service Employee will be disciplined without a fair and impartial hearing unless the Carrier offers a right to discipline waive investigation, as provided in section 22.5 and said waiver is accepted by the employee.
22.2 The notice of hearing will be mailed (Certified Mail, Return Receipt Requested or discharge any non-probationary Employee for just cause. Any such discipline via FedEx) or discharge shall be subject hand- delivered to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances employee within fifteen (15) days of the offense and Carrier's first knowledge of the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate act or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationoccurrence. The Union representative Carrier shall be told provide the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling Local Chairman with a copy provided to of the Employeenotice of hearing. The notice of hearing will contain information sufficient to apprise the Employee of the precise act or occurrence to be investigated. Such information will include date, time, location, assignment, and occupation of the employee at the time of the incident. The notice of hearing will also include a list of all necessary material witnesses to be called.
22.3 The hearing will be scheduled to take place within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The hearing may provide a written responsebe postponed by either party due to sickness, which shall be retained with the written Employee Counseling Recordinjury or vacation of principals or witnesses. It is understood informal counseling sessions occur from time may also be postponed due to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. Howeverunavailability of Chosen Representative, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇▇ Manager or representativeHearing Officer, chosen except for situation covered by Section 22.5. The hearing may be postponed for any reasons by mutual consent of the parties. The hearing may be adjourned to secure necessary witnesses or if it cannot be completed in a day.
22.4 Hearings will be held at the home terminal of the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action An Employee required to attend a hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to location other than at his/her home terminal will be allowed personal auto expense as outlined in Section 3.7 of this Agreement.
22.5 The Carrier may offer a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) charged employee the right to waive the investigation and accept responsibility for the charges. Such offer of waiver, if accepted by the Employee will be in writing and signed by both the Carrier and the employee. Prior to signing, the employee will be given the opportunity to allow review of said waiver by his/her Local Chairman. The waiver will contain the specific amount of discipline and conditions that will be assessed as a result of the employee waiving his/her rights to an investigation. If said waiver is declined by the employee the conditions of same shall not be used in any other forum by either party.
22.6 Employees may not be suspended pending a hearing except when the act or occurrence to be investigated is of a serious nature including: Rule G, insubordination, extreme negligence or dishonesty. Employees’ suspended while on duty will be transported to their home terminal.
22.7 The Employee may request that the Carrier provide witnesses not listed on the notice of hearing and will have the opportunity to secure the presence of witnesses in his/her own behalf. The Employee will have the right to be represented by a Union ▇▇▇▇▇▇▇ or representative at of his/her own choosing and he/she and his/her representative will have the hearing, 6) the name right to question all witnesses. The Employee and his/her representative will be provided with an accurate copy of the hearing officertranscript within fifteen (15) days of the completion of the hearing if discipline will be assessed.
22.8 The Employee must be notified within fifteen (15) days of the completion of the hearing if discipline will be assessed. The types of discipline, which may be assessed, are reprimand, deferred suspension, relevant training, actual suspension, and dismissal. The types of discipline may be assessed individually or in combination. The Employee may be required to serve deferred suspension only if he/she commits another offense for which discipline is imposed within the twelve (12) months of the first offense. Training which is required as part of discipline will be held at the home terminal or at a mutually agreed upon location of the affected employees assignment at time of discipline. If the Employee is required to travel to attend discipline training, he/she will be allowed Personal Auto Expense as outlined in Section 13.7 Notice 3.7 of a pre-action this Agreement.
22.9 If the finding of the hearing means is that the Employee is being considered not at fault, he/she will be so notified and he/she will be compensated for discipline involving the actual wages lost, if any. If no wages are lost the Employee will be compensated for the actual time spent with a suspension without pay or demotion as a possible outcome minimum of four (4) hours. In addition, the hearing. Notice Employee will be paid Dead Heading for travel from home terminal to location of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingreturn.
Section 13.8 Discipline above 22.10 If the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion finding of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where that the Employee is on paid administrative leaveat fault, appeal of discipline assessed must be made within sixty (60) days of the Department shall have sole authority date of the discipline notice. Such appeal must be made in writing by the Local Chairman or his designated representative to determine the length Carrier's highest designated appeals officer. Conference must be scheduled within fifteen (15) days of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request appeal. Written response to the appeal will be issued within thirty (30) days from the Uniondate of the conference. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part decision of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered Carrier on appeal is in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion favor of the Employee’s supervisor, he/she will be offered a vacation leave accrual reduction paid in lieu accordance with section 25.9 of suspension without paythis Section. If the appeal is denied, which, if accepted, shall the decision of the Designated Company Official will be considered a suspension without pay final and binding unless within six (6) months of such final denial the claim is disposed of on the property or proceedings for purposes final disposition of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvethe claim under the Railway Labor Act are instituted by the Employee or the duly accredited representative.
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves parties endorse the right concept of progressive discipline.
17:01 When a supervisor finds it necessary to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge submit a disciplinary letter on an employee, it shall be subject in writing and it shall contain:
(a) particulars regarding the work performance or other employment related action giving rise to the Grievance or Appeals Procedure, as applicableletter.
(b) disciplinary and/or corrective measure utilized and recommendations for further action.
(c) a statement certifying that the letter has been read by and discussed with the employee concerned. In It is understood that Performance Appraisals and Letters of Expectation do not constitute a disciplinary document under the administration meaning of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees 17:02 An employee shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate comment on a disciplinary letter in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the writing. The employee. Counseling of this type ’s written comments shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days of the receipt of the disciplinary letter.
17:03 The disciplinary letter and the employee’s comments shall become part of the employee’s personnel file and copies shall be forwarded to the Union.
17:04 In the event that no subsequent disciplinary letter is filed during a period of twenty-four (24) months, the disciplinary letter shall be removed from the file and will not become part of any subsequent disciplinary actions. In situations involving discipline for proven matters of a more serious nature such as sexual harassment or equivalent work hours) prior to theft, the disciplinary letters shall not be removed from the file.
17:05 In situations where a pre-termination hearing. The written notification supervisor/principal meets with an employee for the purpose of hearings discussing a matter of formal discipline, the supervisor/principal shall include: 1) general information concerning notify the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place employee of hearing, and 5) the their right to have a Union ▇▇▇▇▇▇▇ or representative present. Formal discipline is understood to be any disciplinary action at the hearingwritten reprimand level or above. Union Stewards shall be given the opportunity to perform their required duties free from hindrance. It is understood that Union Stewards will make arrangements with the appropriate supervisor/principal when duties require them to be absent from their regularly assigned duties.
17:06 Any employee who is absent without leave other than for proven sickness, 6disability or injury for three (3) consecutive days will be considered to have abandoned their employment and will be terminated for cause, unless the name employee can demonstrate that it was unreasonable to expect them to be at work.
17:07 An employee may be suspended for just cause after an investigation. When an employee is suspended, they shall be given the reason in the presence of a Union representative. The employee and the Union shall be advised by the Board promptly in writing of the hearing officerreason for such suspension and shall have recourse to the grievance procedure.
Section 13.7 Notice of a pre-action hearing means that 17:08 An employee who has completed the Employee is being considered probationary period may be dismissed for discipline involving a suspension without pay or demotion as a possible outcome just cause upon the authority of the hearingBoard. Notice of a pre-termination hearing means that The Union shall be provided the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of have a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative present when an employee is being dismissed. Such employee and the Union shall be afforded advised promptly, in writing, by the opportunity to meet privately with Board of the hearing officer reason for no more than ten (10) minutes prior the dismissal. Such employee shall have recourse to the hearing officer meeting with management representatives. Hearings grievance procedure, but Steps 1 and 2 of the grievance procedure shall be conducted omitted in such a case.
17:09 Employees who have been unjustly demoted, suspended or dismissed shall be immediately reinstated in their former position without loss of seniority. They shall be compensated for all time lost in an amount equal to their normal earnings during the pay period next preceding such dismissal or suspension, or by an impartial hearing officer designated by any other arrangement as to compensation which is just and equitable in the Human Resources Director or designee. Upon conclusion opinion of the hearing and parties or in the recommendation opinion of a Board of Arbitration, if the hearing officer, the Department Head shall make the final determination of discipline (if any)matter is referred to such a Board.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. 17:10 In cases where the Employee is on paid administrative leave, conduct of a permanent employee warrants the Department shall have sole authority to determine immediate removal of the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request employee from the Union. If the Employee has been involved with a possible criminal offenseBoard’s premises, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for suspended with pay, pending investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either details surrounding the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these recordsincident. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, promptly informed of such action. A decision on the matter shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which communicated to the Employee could be suspended without pay, may, at employee and the sole discretion Union by management personnel within three (3) working days of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvesuspension.
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedures as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeeemployee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employeeemployee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeeemployee. The If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. , Employee Counseling counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employeeemployee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial certified hearing officer from outside the department designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employeeemployee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within with Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The , and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 8.1 Employees may be disciplined or discharge any non-probationary Employee discharged for just causecause and with due process, in conformance with Sections 1.24.940 and 1.24.955 of the Tacoma Municipal Code. Any such The discipline will be based on the severity of offense and prior record of discipline. Employees have the option of either using this Discipline Procedure and the Grievance Procedure as applicable or discharge to submit issues to the Civil Service Board which shall be subject to dealt with in accordance with the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense Board’s Rules and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesProcedures.
Section 13.2 8.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the rightemployee, upon request, shall be entitled to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the present at any meeting and be given reasonable time to confer held with the Employee before the meeting. Employees have the right City to not participate in such a meeting if management denies union representation and continues to question the Employeediscuss potential disciplinary action.
Section 13.4 For minor offenses by 8.3 If an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity employee wishes to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified , the employee must contact the individual identified in writing the Notice of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and Intent letter within five (5) working days (or equivalent work hours) prior to of delivery of the Notice of Intent letter.
Section 8.4 If requested by the employee, the City shall hold a pre-termination disciplinary hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of At this hearing, and 5) the right employee will be given an opportunity to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name present their side of the issue. Oral warnings/reprimands, written warnings/reprimands, Notice of Performance Concerns (NPC’s) or any other actions that do not result in the loss of regular wages are not subject to the pre-disciplinary hearing officerprocess.
Section 13.7 Notice of a 8.5 No later than five (5) working days prior to the pre-action disciplinary hearing means that the Employee is being considered for City shall make available to the employee and the employee’s Union representative, with the employee’s authorization, a copy of all documents relevant to the alleged violation the City has in its possession.
Section 8.6 The City may place an employee on paid administrative leave, when appropriate, pending the final decision as to the appropriate discipline involving a suspension without pay or demotion as a possible outcome of resulting from the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the disciplinary hearing.
Section 13.8 Discipline above 8.7 The employee and the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingemployee’s Union representative, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officeremployee’s authorization, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal inspect the contents of the personnel file maintained by the City, as well as any files which were used as part of the disciplinary process.
Section 8.8 No disciplinary document may be placed in the personnel file without the employee having first been notified of said document and provided a copy. The employee shall be required to sign a written reprimand or grieve such discipline as provided under Article 14 other disciplinary action acknowledging that they have read the contents of this Agreement the document. An employee who disagrees with the content of any letter of reprimand added to the personnel file shall
Section 8.9 A suspension of three (3) days or more, a dismissal or a disciplinary reduction in rank or pay may be processed under the administrative grievance procedure provided within Section 400 for in Article 9 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation this Agreement. Suspensions of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but days or less are not limited subject to allegations Step 5 of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such EmployeeGrievance Procedure. The written authorization shall include filing of such a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, grievance shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion voluntary and irrevocable waiver of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveright to pursue the matter under the Civil Service procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional timemaintained in an Employee’s personnel file. The written notice shall provide the Employee with an estimated date when the process shall be completed.(or equivalent work hours)
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) hearings shall prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, ; 5) the date management became aware of the misconduct; and 56) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) the name calendar days from management becoming aware of the hearing officeralleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 A review and discussion of the current disciplinary review process shall be conducted through the Labor Management process to be completed no later than December 31, 2017.
Section 13.8 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a 13.9 A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer hearing. Oofficer. designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 13.10 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 13.11 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed completed. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and will normally place within five (5) working days of the Employee on paid administrative leave, or as soon as reasonably possible. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 13.12 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees . Any disciplinary actions overturned in the grievance or appeal procedure shall not be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsconsidered in future disciplinary actions.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to may discipline or discharge any non-probationary Employee an employee for just cause. Any such discipline or discharge Investigations into disciplinary infractions shall be subject conducted as expeditiously as possible. Copies of all disciplinary reports shall be provided to the Grievance or Appeals ProcedureUnion, as applicableindicating clearly the exact nature of the matter. In the administration of this Article, all discipline Such disciplinary reports shall be reasonably expedient, progressive in nature, based upon the circumstances issued within 30 working days of the offense and date the Employee’s performance recorddisciplinary infraction became known to the management supervisor. Should the infraction investigation require more than 30 working days, and the employee will be corrective rather than punitive (except in advised through a Notice of Investigation. All Notices of Investigation shall be copied to the case Union. Should the Union or the employee be of termination). This principle shall not apply to deliberate or serious offenses which the opinion that any disciplinary action is improper, then that disciplinary action may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of a grievance and such grievancesgrievance shall be processed in accordance with the grievance procedure of this Agreement.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has 4.02.01 When a reasonable belief that the interview may result in supervisor issues a non-disciplinary action against him or herdocumented counselling, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action documentation.
4.02.02 Past disciplinary reports shall be deemed void after an employee has maintained a clear record with no disciplinary reports for a period of 24 months of active employment.
4.02.03 Where an employee is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action required to meet with a representative of the employee City and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee purpose of said meeting is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due apply discipline to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offensethat employee, the employee shall be placed on either authorized personal leave or leave without pay and entitled to have a Union representative present during such meeting, if the timeframes for investigation and employee so desires. In recognition of facilitating aspects of the pay status determination Working Relationship Agreement (WRA), wherever practicable, the employee shall be solely at management’s discretionadvised of this entitlement by the City in advance of the meeting.
Section 13.11 It is understood 4.02.04 Suspensions for full-time operators will be based on an 8-hour shift. Suspensions for a part-time operator who works less than 8 hours will be based on their regular part-time hours. Suspensions for a part-time operator who works between 8 and 10 hours will be based on an 8-hour shift. For operators not working an 8-hour shift, who are required to serve a suspension, work days may be adjusted for operational reasons. 5 Union Security 5.01 Recognition The City recognizes the Union as the sole collective bargaining agent in all matters pertaining to wages, hours of work, fringe benefits and working conditions covered by this Agreement for all employees. The parties hereby agree to negotiate with each other concerning matters covered by this Agreement affecting the relationship between the parties, aiming toward a peaceful and amicable settlement of any differences that previous disciplinary issues may arise between them. 5.02 Check-Off of Union Dues The City agrees to deduct, from the wages of all employees covered by this Agreement, union dues as shall be considered part decided by the Union, subject to the provision that the dues are in the form of a standard formula or standard dollar value for all employees in the progressive disciplinary process regardless bargaining unit. These deductions shall commence on the first day of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure pay period and shall be removed forwarded to the Union at the end of each pay period, together with a list of employees from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these recordswhom deductions have been made. The Union agrees to defend, indemnify, shall provide the City with written notification of any alteration of the dues structure at least 30 calendar days in advance and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism implementation shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which within the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvesaid 30 day notice.
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section . ection 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The To ensure an Employee has opportunity to correct his/her actions in a timely manner, any issue requiring counseling documentation shall normally be presented to the employee within thirty (30) days from the time management becomes aware of the issue. If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, and ; 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) calendar days from management becoming aware of the alleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.13 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from each AFSCME unit in addition to the President or designee. The City’s team shall consist of no more than five (5) representatives.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicableoutlined in Article 14 and Article 15. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, ; 5) the date management became aware of the misconduct; and 56) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) the name calendar days from management becoming aware of the hearing officeralleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Disciplinary hearings involving only a written reprimand shall not require a certified hearing officer, but shall require a hearing officer from outside the department with the hearing process conducted in a similar manner. Discipline above the level of a written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateAgreement.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed completed. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and will normally place within five (5) working days of the Employee on paid administrative leave, or as soon as reasonably possible. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 22.1 No Engineering service Employee will be disciplined without a fair and impartial hearing unless the Carrier offers a right to discipline waive investigation, as provided in section 22.5 and said waiver is accepted by the employee.
22.2 The notice of hearing will be mailed (Certified Mail, Return Receipt Requested or discharge any non-probationary Employee for just cause. Any such discipline via FedEx) or discharge shall be subject hand- delivered to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances employee within fifteen (15) days of the offense and Carrier's first knowledge of the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate act or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationoccurrence. The Union representative Carrier shall be told provide the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling Local Chairman with a copy provided to of the Employeenotice of hearing. The notice of hearing will contain information sufficient to apprise the Employee of the precise act or occurrence to be investigated. Such information will include date, time, location, assignment, and occupation of the employee at the time of the incident. The notice of hearing will also include a list of all necessary material witnesses to be called.
22.3 The hearing will be scheduled to take place within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The hearing may provide a written responsebe postponed by either party due to sickness, which shall be retained with the written Employee Counseling Recordinjury or vacation of principals or witnesses. It is understood informal counseling sessions occur from time may also be postponed due to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. Howeverunavailability of Chosen Representative, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇▇ Manager or representativeHearing Officer, chosen except for situation covered by Section 22.5. The hearing may be postponed for any reasons by mutual consent of the parties. The hearing may be adjourned to secure necessary witnesses or if it cannot be completed in a day.
22.4 Hearings will be held at the home terminal of the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action An Employee required to attend a hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to location other than at his/her home terminal will be allowed personal auto expense as outlined in Section 3.7 of this Agreement.
22.5 The Carrier may offer a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) charged employee the right to waive the investigation and accept responsibility for the charges. Such offer of waiver, if accepted by the Employee will be in writing and signed by both the Carrier and the employee. Prior to signing, the employee will be given the opportunity to allow review of said waiver by his/her Local Chairman. The waiver will contain the specific amount of discipline and conditions that will be assessed as a result of the employee waiving his/her rights to an investigation. If said waiver is declined by the employee the conditions of same shall not be used in any other forum by either party.
22.6 Employees may not be suspended pending a hearing except when the act or occurrence to be investigated is of a serious nature including: Rule G, insubordination, extreme negligence or dishonesty. Employees’ suspended while on duty will be transported to their home terminal.
22.7 The Employee may request that the Carrier provide witnesses not listed on the notice of hearing and will have the opportunity to secure the presence of witnesses in his/her own behalf. The Employee will have the right to be represented by a Union ▇▇▇▇▇▇▇ or representative at of his/her own choosing and he/she and his/her representative will have the hearing, 6) the name right to question all witnesses. The Employee and his/her representative will be provided with an accurate copy of the hearing officertranscript within fifteen (15) days of the completion of the hearing if discipline will be assessed.
22.8 The Employee must be notified within fifteen (15) days of the completion of the hearing if discipline will be assessed. The types of discipline, which may be assessed, are reprimand, deferred suspension, relevant training, actual suspension, and dismissal. The types of discipline may be assessed individually or in combination. The Employee may be required to serve deferred suspension only if he/she commits another offense for which discipline is imposed within the twelve (12) months of the first offense. Training which is required as part of discipline will be held at the home terminal or at a mutually agreed upon location of the affected employees assignment at time of discipline. If the Employee is required to travel to attend discipline training, he/she will be allowed Personal Auto Expense as outlined in Section 13.7 Notice 3.7 of a pre-action this Agreement.
22.9 If the finding of the hearing means is that the Employee is being considered not at fault, he/she will be so notified and he/she will be compensated for discipline involving the actual wages lost, if any. If no wages are lost the Employee will be compensated for the actual time spent with a suspension without pay or demotion as a possible outcome minimum of four (4) hours. In addition, the hearing. Notice Employee will be paid Dead Heading for travel from home terminal to location of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingreturn.
Section 13.8 Discipline above 22.10 If the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion finding of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where that the Employee is on paid administrative leaveat fault, appeal of discipline assessed must be made within sixty (60) days of the Department shall have sole authority date of the discipline notice. Such appeal must be made in writing by the Local Chairman or his designated representative to determine the length Carrier's highest designated appeals officer. Conference must be scheduled within fifteen (15) days of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request appeal. Written response to the appeal will be issued within thirty (30) days from the Uniondate of the conference. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part decision of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered Carrier on appeal is in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion favor of the Employee’s supervisor, he/she will be offered a vacation leave accrual reduction paid in lieu accordance with section 25.9 of suspension without paythis Section. If the appeal is denied, which, if accepted, shall the decision of the Designated Company Official will be considered a suspension without pay final and binding unless within six (6) months of such final denial the claim is disposed of on the property or proceedings for purposes final disposition of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvethe claim under the Railway Labor Act are instituted by the Employee or the duly accredited representative.
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to 11.01 A claim by an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees employee that he has been unjustly discharged shall be treated as consistently as possible as concerns a grievance provided that the application aggrieved employee has attained seniority in accordance with Article 12 of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments this Agreement prior to his discharge and managers to set forth specific rules or manners of operating their work areas which are related provided that a written grievance is presented to the provision Plant Manager, or his designated representative, within five (5) calendar days following the notification of specific services discharge by the Company to the employee.
11.02 Upon presentation of the grievance to him, the Plant Manager, or his designated representative, shall immediately arrange a meeting between the Union Grievance Committee and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, Company representatives and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the such meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between within five (5) calendar days following presentation of the Employee grievance to the Plant Manager or his designated representative or within such time as is mutually agreed upon by the Company and the supervisorUnion.. The Plant Manager or his designated representative shall deliver his reply to the grievance in writing to the Union within five (5) calendar days following such meeting or within such time as is mutually agreed upon by the Company and the Union.
11.03 Any unsettled discharge grievance may proceed by way of arbitration in accordance with Article 10 of this Agreement, and in such event, the Arbitrator may uphold the Company’s action in discharging the employee or may order reinstatement of the discharged employee with full compensation for time lost, or may issue such other decision within these limits which, in the opinion of the Arbitrator, is just and equitable in the circumstances.
11.04 In the event that an employee is to be discharged or suspended, the Company will meet with the employee and the Plant Chairperson, or designate, as soon as possible to discuss with the employee the reason(s) for the discharge or suspension. Counseling is not considered discipline Copies of all written disciplinary warnings will be given to the employee and is not subject to the Union. Any grievance arising from a discharge or suspension will be handled at Step 3 of the Grievance Procedure. A written Employee Counseling Record may The discharged or suspended employee will be completed allowed to document meet with the local union Plant Chairperson or designate in a private location before leaving the plant. In the absence of a union representative in the plant, arrangements will be made to meet with the representative the following working day.
11.05 When an employee is required to attend a disciplinary meeting, the employee has the right to request union representation at such counseling with a copy provided to the Employeemeetings. The Employee may provide Company will grant this request when a written response, which shall be retained with union representative is in the written Employee Counseling Recordplant and available. It In the event the union is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records available the meeting shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsdelayed.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves An employee will not be disciplined or dis- charged nor will entries be made against an employee’s record without sufficient cause, and in each case where disciplinary action is to be taken, the right employee will be given a com- plete written statement of the precise charges against the employee and the disciplinary ac- tion to discipline be taken. Such written statement will be furnished to the employee in person or discharge any non-probationary Employee for just cause. Any by certified or registered mail prior to the com- mencement of such discipline; however, the employees may be notified of such discipline or discharge by telephone while the written notification is in transit. Notification thereof shall be subject furnished to the Grievance Local Union simultaneously therewith, by telephone or Appeals Procedure, as applicablein person pending receipt of a copy of the Personal Record Entry. An employee being removed from service at an away from home point will be paid normal rate of pay until reaches the lo- cation normally works out of. In the administration case of this Articleoperators, all discipline they will be paid the rate. Disciplinary action charged on the personnel record of an employee shall be reasonably expedientremoved af- ter a period of two (2) years from that date in the event that no disciplinary action has been to such record for a similar type of in- fraction; however, progressive in nature, based upon the circumstances accidents or entries involv- ing an employee’s ability to safely drive a bus will remain a permanent part of the offense employ- ee’s record. The Company will permit an employee or her representative, upon confirming an ap- pointment to either copy or check their service record. An acceptable medical release form will be provided by the Company and signed by the Employeeemployee if medical reports are to be reviewed by the employee’s performance recordrep- resentative. This clause will be compliant with Federal Privacy Legislation. Upon request, and be corrective rather than punitive (except the Company will furnish the Union copies of information contained in the file which has not previously been furnished where the Company has a copying machine readily available and such records are not vo- luminous. Letters of complaints, telephone calls or com- plaints made in person shall not form the basis for disciplinary action involving a suspension unless, at the request of the Union, the com- plainant appears in person at a hearing at the appropriate Manager or a designated repre- sentative’s level. This appearance requirement does not apply with respect to law enforce- ment agencies. No discipline suspension shall be admin- istered to any employee which shall impair his seniority. When discipline is rendered or discharges are ordered, same will be done by the appropri- ate Manager or their assistants; however, the employee’s immediate supervisor remove the employee from service as set forth in the following paragraph and may recommend the discipline to be imposed in such case of termination)which he has knowledge. This principle shall not apply The Company may withhold from service with pay any employee until completion of an in- vestigation and, if requested by the employee, a hearing with the Union Agent or designated representative. In cases of serious accidents, no disciplinary ac- tion will he taken until the completion of the investigation; however, an employee may be withheld from active service on a standby basis until the investigation is completed. Such em- ployees will be compensated for the time they are held on a standby basis; regular operators, their regular run pay spare operators, earnings missed, except where the employee is found to deliberate or serious offenses be at fault, in which case the standby pe- riod may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information he applied as part of a suspension period, if applicable. If investigation results in an investigationemployee being disciplined, dismissed or suspended, such case may be taken directly by a representative of the Union to the appropri- ate Manager or representative, in accor- dance with the applicable time limits prescribed for this level of the grievance procedure. Except as provided in the next paragraph, dis- cipline rendered shall be taken within twenty- one days after the Company’s knowledge of the incident or following the appropriate Manager’s hearing where applicable. Upon written request, an additional fourteen (14) days will be granted. Company as here used means Greyhound Canada Transportation Corp. supervisor or checker. Checker’sreports, involving improper handling of Company funds or property for which the Company is responsible, shall not form the ba- sis for disciplinary action unless same is made the basis of a charge within three (3) months of the date of such checker’s report and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeemost recent checker’s responsibility to know and request Union representation. The Union representative report shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee made within seven (7) calendar days preceding the date of completion such dis- ciplinary action. Inspectors, in checking employees, are to give the facts pertaining to the performance of their duties. Personal opinions of inspectors not substantiated by such facts will not be made the basis of rendering discipline. If, as a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice result of a delay in the process stated above, Management will be given additional time. The written notice shall provide appeal to the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ appropri- ate Manager or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (dis- cipline or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee discharge is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingrevised cleared, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action record of the employee will be corrected accordingly and the employee will be paid for any loss of earnings in accordance with the decision rendered plus reasonable expenses if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have same were incurred as a result of such investigation or hearing having place at a point other than the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 home terminal of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveemployee involved. In cases where employees become involved in accidents or other incidents whereby determi- nation of is dependent upon investiga- tions and reports by the Employee is on paid administrative leavepolice or government inspection officers, the Department shall have sole authority above specified time limits will commence from the date the results of such investigation and reports are available to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from Company and the Union. Where discipline is rendered in the form of a suspension, the suspension shall be served when the employee would normally be in active duty and will not be served during periods of off time such as worker’s compensation or sick leave. If the Employee has been involved with a possible criminal offensedispute involves discipline or discharge, the employee place for any hearings or arbitration shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and home terminal of the pay status determination employees in- volved unless otherwise agreed between the parties. The place of all other arbitrations shall be solely at management’s discretionagreed upon.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 14.1 Employees may be disciplined or discharge any non-probationary Employee discharged for just causecause and with due process, in conformance with Sections 1.24.930, .940, .950, .951,and .955 of the Tacoma Municipal Code. Any such The discipline or discharge shall will be subject to based on the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances severity of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case prior record of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesdiscipline.
Section 13.2 14.2 The City and Union agree Employees employee shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, entitled to have a Union representative present. Management is not required to inform present at any meeting that the Employer holds with the employee to discuss potential disciplinary action, during the investigative stage of his/her witness rights; it corrective action, or when disciplinary action is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeissued.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with 14.3 At the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware request of the alleged offense. A employee or the Union, the Employer shall hold a pre- disciplinary action report should be offered to hearing as soon as reasonably possible after the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be employee was notified in writing of any pre-action hearing at least two (2) working days (the specific alleged violation that may result in a suspension, demotion, or equivalent work hours) prior termination. At this hearing, the employee will be given an opportunity to present their side of the issue.
Section 14.4 When requested by the Union or employee, the employer shall make a pre-action hearing copy of all documents in its possession and relevant to the alleged violation available to the employee and the Union representative five (5) working days (or equivalent work hours) prior to the hearing if possible. Where this is not possible, the Employer and the Union will reach a mutual agreement on the continuance of the hearing or other remedy fair to both parties. Subsequent information requests by the Union will not result in a hearing being rescheduled.
Section 14.5 The Employer may place an employee on paid administrative leave pending a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of disciplinary hearing, and 5) when deemed appropriate, pending a final decision as to the right to have a Union ▇▇▇▇▇▇▇ or representative at appropriate discipline after receiving the hearing, 6) recommendation from the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the disciplinary hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing 14.6 The employee and the recommendation of the hearing officeremployee's Union representative, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under inspect the administrative grievance procedure provided within Section 400 contents of the Personnel Policies and Procedure Manual, personnel file maintained by the Employer as appropriatewell as any files which were used as part of the disciplinary process.
Section 13.10 Pending 14.7 No disciplinary document may be placed in the personnel file without the employee having first been notified of said document and given a pre-copy. The notification requirement shall be satisfied if the document is mailed to the employee’s last known address. The employee shall be required to sign a written reprimand or other disciplinary action or pre-termination hearing, acknowledging that they have read the City may suspend an Employee until investigation contents of the incident is completed and will normally place document.
Section 14.8 A suspension, a dismissal or a disciplinary reduction in rank or pay may be processed under the Employee on paid administrative leavegrievance procedure of the Agreement or submitted to Civil Service Board, if it falls under Civil Service Board jurisdiction. In cases where Should the Employee is on paid administrative leave, employee elect to use the Department shall have sole authority Civil Service Board procedure to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with appeal a possible criminal offensedisciplinary action, the employee shall be placed on either authorized personal leave or leave without pay and irrevocably waives the timeframes for investigation and right to appeal through the pay status determination shall be solely at management’s discretiongrievance procedure. Similarly, should the employee elect to use the grievance process, the employee irrevocably waives the right to appeal through the Civil Service Board procedure.
Section 13.11 It 14.9 The Employer and the Union recognize the intent of a “letter of reprimand” is understood that previous disciplinary issues for the purpose of modifying inappropriate behavior. Said letters shall state, in writing to the employee and the Union, the reason(s) for such action. An employee who disagrees with the content of any letter of reprimand added to the personnel file shall have the opportunity to place a rebuttal statement in the personnel file, which shall be considered part signed by the employee. Letters of reprimand and written and oral warnings may be grieved only through Step 4 of the progressive disciplinary process regardless of similaritygrievance process. However, disciplinary actions shall normally at Step 4, these lower levels of discipline will be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited forwarded to allegations of discrimination or sexual harassmentthe Human Resources Director, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with datedtheir designee, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveCity Manager/Utilities Director.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated consistently as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss the matter with the Employee. Counseling of this type shall be held in private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. To ensure an Employee has opportunity to correct his/her actions in a timely manner, any issue requiring counseling documentation shall normally be presented to the employee within thirty (30) days from the time management becomes aware of the issue. If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees may review their own department personnel file in the office in which they are kept and in the presence of the on-duty Shift Supervisor. No complaint which is unfounded or not sustained will be maintained in an Employee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s); 2) the work rule(s) violated (if any); 3) the policy or procedure(s) violated (if any); 4) the time, date and place of hearing; 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of hearing officer. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) calendar days from management becoming aware of the alleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that an Employee is being considered for discipline involving a written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 A certified hearing officer from outside the department shall be required for disciplinary hearings. An Employee must be afforded the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than fifteen (15) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer.
Section 13.9 Discipline shall include: written reprimands, vacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline, such as, approximate time and location of misconduct; specific work rule or regulation violated, action of the Employee, and if appropriate, recommend corrective action to the Employee. An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may place an Employee on paid administrative leave until investigation of the incident is completed. When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. The parties agree this principle shall not require a manager to escalate discipline due to varied, minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 It is agreed reduction of accrued vacation in lieu of suspension is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension, which, if accepted, shall be considered a suspension for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.13 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from each AFSCME unit in addition to the President or designee. The City’s team shall consist of no more than five (5) representatives.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary employees cannot file disciplinary related grievances or be the subject of such grievances. (From LT)
Section 13.2 The City and Union agree employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.. From LT
Section 13.3 If it is necessary to interview an Employee employee to discover information as part of an investigation, and the Employee employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeeemployee’s responsibility to know and request Union representation. The Union union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.employee. From LT
Section 13.4 For minor offenses by an Employeeemployee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeeemployee. The To ensure an Employee has opportunity to correct his/her actions in a timely manner, any issue requiring counseling documentation shall normally be presented to the Employee within thirty (30) days from the time management becomes aware of the issue. If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.. From LT
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.. From LT
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or and/or a representative, chosen by the Employeeemployee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.. From LT
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingcases involving written reprimand, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have may waive the right to appeal or grieve such discipline as provided under Article 14 a hearing by initialing a waiver of this Agreement or under hearing notation on the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance noticeform. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveFrom LT
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 (a) Disciplinary action including discharge, shall be excluded from this grievance procedure. Suspensions over 10 days and discharges shall be governed exclusively by the City of Chicago's Human Resources or Police Board Rules, whichever may be applicable. Notwithstanding the foregoing, suspensions of 11 days or more may be appealed to arbitration in lieu of the Human Resources Board or Police Board upon the written request of the Union. Disciplinary cases which are converted from a discharge to a suspension as a result of decision of the Human Resources or Police Board do not thereafter become arbitrable as a result of said decision. The City reserves grievance procedure provisions herein and the Human Resources or Police Board appeals procedure are mutually exclusive, and no relief shall be available under both. An employee who may be subject to disciplinary action for any reason has the right to ask for a Union representative to be present at any interrogations or hearings in accordance with said Boards' rules. For suspensions of eleven (11) to thirty (30) days the designated supervisor shall meet with the employee and notify him/her of the reasons for the discipline and be given the opportunity to respond at that meeting. If the employee requests the presence of a Union representative at such meeting one will be provided if reasonably available. In the case of discharge, the employee shall be provided with a written statement of the charges on which the discharge is based with an explanation of the evidence supporting the charges. The employee shall have an opportunity to - (1) respond to said charges in writing within five (5) working days of notification of the charge, and (2) meet with the Department Head's designee before action is taken. A Union representative may be present at such meeting.
(b) An employee who is subject to or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall reasonably believes he/she will be subject to disciplinary action for any impropriety or cause has the Grievance right to ask for and receive a Union representative to be present at any interrogations or Appeals Procedurehearings prior to being questioned. The interrogation shall take place at reasonable times and places and shall not commence until the Union representative arrives, as applicableprovided that the Employer does not have to wait an unreasonable time and the Employer does not have to have the interrogation unduly delayed. In An employee may be discharged for just cause before the administration of this ArticleHuman Resources or Police Board hearing, all discipline provided that said employee shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the rightguaranteed, upon request, a full hearing before said Board, in accordance with the said Board's rules. It is further provided that in the event of non- egregious offenses, not to have a Union representative present. Management is not required to inform include violent acts, criminal acts, drinking alcohol or taking illegal drugs on the job, insubordination or work stoppages, the employee will be given 30 days advance notice of his/her witness rightsdischarge, and has 7 days from receipt of the notice to appeal. If the employee does not file an appeal within the 7-day appeal period, the Employer may then remove the employee from the payroll. If the employee appeals the discharge, the Human Resources Board shall be requested to set a hearing date within the 30-day notice period and the employee shall remain on the payroll for the full notice period, except if prior to completion of the 30-day notice period (1) the Hearing Officer affirms the discharge; it is or (2) the Employee’s responsibility employee continues the discharge hearing; or (3) the employee withdraws his appeal or otherwise engages in conduct which delays the completion of the hearing. However, in no event may the employee require the employer to know and request Union representationretain the employee on the payroll beyond the 30-day period. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to have its representatives present at either of the Board(s) or the grievance procedure, including arbitration, and to actively participate.
(c) The Employer within its discretion may determine whether disciplinary action should be an oral warning, written reprimand, suspension or discharge, depending upon various factors, such as, but not participate in such limited to, the severity of the offense or the employee's prior record. Such discipline shall be administered as soon as practical after the Employer has had a reasonable opportunity to fully investigate the matter and conduct a meeting with the Union and employee. The Employer is not obligated to meet with the employee and Union prior to taking disciplinary action where the employee is unavailable or in emergency situations. Demotions shall not be used as a part of discipline. Transfer shall not be part of an employee's discipline. In cases of oral warnings, the supervisor shall inform the employee that he/she is receiving an oral warning and the reasons therefore. For discipline other than oral warnings, the employee's immediate supervisor shall meet with the employee and notify him/her of the accusations against the employee and give the employee an opportunity to answer said accusations. Specifically, the supervisor shall tell the employee the names of witnesses, if management denies union representation any, and continues make available copies of pertinent documents the employee or Union is legally entitled to question receive, to the Employee.
extent then known and available. Employer's failure to satisfy this Section 13.4 For minor offenses by an Employee, management has 11.1 shall not in and of itself result in a responsibility reversal of the Employer's disciplinary action or cause the Employer to discuss such matter with pay back pay to the employee. Counseling of this type In the event disciplinary action is taken, the employee and the Union shall be held given, in private between writing, a statement of the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeereasons therefore. The Employee may provide employee shall initial a written responsecopy, noting receipt only, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department 's file. However, should an Employee grieve or appeal any employment action The employee shall have the right to make a response in writing which shall become part of the future, counseling records employee's file. Any record of discipline may be retained for a period of time not to exceed eighteen (18) months and shall thereafter not be used as evidence the basis of any further disciplinary action, unless a pattern of sustained infraction exists. A pattern shall be defined as at least two substantially similar offenses during said 18-month period. If an employee successfully appeals a disciplinary action, his/her file shall so record that fact. If the appeal fully exonerates the employee, the Employer shall not use said record of the discipline action against the employee, or in these grievance hearings the case of promotions or appeals.
Section 13.5 Management transfers. In any disciplinary investigation of a non-egregious offense conducted by the investigative staff of the Office of Budget and Management, the Employer shall make a good faith effort notify the employee who is subject to complete investigations into alleged offenses the disciplinary investigation of the pendency of the investigation and to provide notification of hearing to Employees its subject matter, within thirty (30) calendar days from becoming of the Employer being made aware of the alleged offenserule violation. A disciplinary action report should be offered to For the Employee within seven (7) calendar days purposes of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingthis Section, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A term "non-probationary Employee egregious offense" shall have the right to appeal not include inducible criminal offenses, gross insubordination, residency issues, or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies drug and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leavealcohol violations. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offenseThereafter, the employee shall be placed on either authorized personal leave granted a pre-disciplinary hearing if requested within thirty (30) days. Any discipline given in violation of this notice provision shall be null and void. In the event that a discharged employee appeals an adverse decision of the Human Resources or leave without pay Police Board to the Circuit Court of ▇▇▇▇ County, or thereafter to the Appellate Court of Illinois, and the timeframes for investigation decision of the Human Resources or Police Board is reversed or remanded resulting in restoration of the job, the Employer will pay the employee's reasonable attorney's fees which he or she has incurred in connection with the court proceeding, excluding fees incurred before the Human Resources or Police Board. The employee shall submit a post-appeal fee petition to the Employer, which shall be supported by full documentation of the work performed, the hours expended, and the pay status determination shall rates paid by the employee. Should the parties be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part unable to agree on the proper amount of the progressive disciplinary process regardless fees to be paid to the employee, either party may refer the dispute to arbitration under the relevant provisions of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentthis Agreement.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 9.01 No employee covered by this Agreement shall be disciplined in any manner, demoted, suspended or discharge any non-probationary Employee discharged except for just cause.
9.02 In the case of a discharge or suspension of an employee who has attained seniority, the Company will issue to the employee a written notice stating the reasons for his discharge or suspension at the time it is taken or as soon thereafter as possible, however within seven (7) days of the disciplinary action. A copy of this notice will be given to the employee's ▇▇▇▇▇▇▇. An employee who is dismissed shall be furnished reasonable travel expenses to return to his normal location. A reasonable meal allowance shall be included if the traveling time embraces mealtime. An employee who is suspended shall be returned to his normal location in accordance with the foregoing or provided accommodation and meal expense by the Company during the period of suspension. Any notice of discipline given to any employee will be copied to the Union at the same time. The Company will provide any written notices of discipline to the Union on the same day as they were issued to the employee.
9.03 In the event of a claim that an employee who has attained seniority has been discharged without proper cause, a grievance may be filed at Step 2 of the grievance procedure within ten (10) working days after the employee ceases to work for the Company.
9.04 Such a claim may be settled by:
(a) Upholding the Company's action;
(b) Reinstating the employee with compensation for time lost;
(c) Any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitrator if the matter is referred to such discipline or discharge an Arbitrator.
9.05 The record of all disciplinary measures referred to in Article 9.01 shall be removed from an employee's disciplinary record after twelve (12) months, unless during this twelve (12) month period the employee receives any additional letters of discipline, in which case the period of record will be extended to twenty-four (24) months. Upon request, an employee may review annually his disciplinary record maintained by the Human Resources Department.
9.06 The Union acknowledges that probationary employees, regular part-time and temporary employees who have worked less than 1040 regular hours may be dismissed for reasons less serious than would justify the dismissal of an employee on the seniority list. Such dismissals shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration provisions of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense Article 8 and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply Company agrees to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform give the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include Notice of Termination stating the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriatedismissal.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge (a) Disciplinary action including discharge, shall be subject to the Grievance or Appeals Procedure, as applicableexcluded from this grievance procedure. In the administration of this Article, all discipline Suspensions over 10 days and discharges shall be reasonably expedient, progressive in nature, based upon governed exclusively by the circumstances City of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇▇ Magna 12/25/17 3:44 PM Chicago's Personnel or representativePolice Board Rules, chosen by whichever may be applicable. Notwithstanding the Employeeforegoing, present suspensions of 11 days or more may be appealed to arbitration in any disciplinary hearinglieu of the Human Union. Employees Disciplinary cases which are converted from a discharge to a suspension as a result of decision of the Personnel or Police Board do not thereafter become arbitrable as a result of said decision. The grievance procedure provisions herein and the Personnel or Police Board appeals procedure are mutually exclusive, and no relief shall be notified in writing of available under both. An employee who may be subject to disciplinary action for any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) reason has the right to have ask for a Union representative to be present at any interrogations or hearings in accordance with said Boards' rules. ▇▇▇▇▇▇▇▇ or Magna 12/25/17 3:45 PM For suspensions of eleven (11) to thirty (30) days the designated supervisor shall meet with the employee and notify him/her of the reasons for the discipline and be given the opportunity to respond at that meeting. If the employee requests the presence of a Union representative at such meeting one will be provided if reasonably available. In the case of discharge, the employee shall be provided with a written statement of the charges on which the discharge is based with an explanation of the evidence supporting the charges. The employee shall have an opportunity to - (1) respond to said charges in writing within five (5) working days of notification of the charge, and (2) meet with the Department Head's designee before action is taken. A Union representative may be present at such meeting.
(b) An employee who is subject to or reasonably believes he/she has the right to ask for and receive a Union representative to be present at any interrogations or hearings prior to being questioned. The interrogation shall take place at reasonable times and places and shall not commence until the Union representative arrives, provided that the Employer does not have to wait an unreasonable time and the Employer does not have to have the interrogation unduly delayed. An employee may be discharged for just cause before the Personnel or Police Board hearing, 6provided that said employee shall be guaranteed, upon request, a full hearing before said Board, in accordance with the said Board's rules. It is further provided that in the event of non- egregious offenses, not to include violent acts, criminal acts, drinking alcohol or taking illegal drugs on the job, insubordination or work stoppages, the employee will be given 30 days advance notice of discharge, and has 7 days from receipt of the notice to appeal. If the employee does not file an appeal within the 7-day appeal period, the Employer may then remove the employee from the payroll. If the employee appeals the discharge, the Personnel Board shall be requested to set a hearing date within the 30-day notice period and the employee shall remain on the payroll for the full notice period, except if prior to completion of the 30-day notice period (1) the name of Hearing Officer affirms the hearing officer.
Section 13.7 Notice of a pre-action hearing means that discharge; or (2) the Employee is being considered for discipline involving a suspension without pay employee continues the discharge hearing; or demotion as a possible outcome (3) the employee withdraws his appeal or otherwise engages in conduct which delays the completion of the hearing. Notice of a pre-termination hearing means that However, in no event may the employee is being considered for any level of discipline up require the employer to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of retain the employee and if appropriate, recommend corrective action to on the Employeepayroll beyond the 30-day period. A non-probationary Employee The Union shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 have its representatives present at either of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action Board(s) or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with datedprocedure, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnifyincluding arbitration, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsactively participate.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 26.01 The City and the Union agree Employees shall be treated as consistently as possible as concerns the application of to utilize progressive discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sectionswhenever appropriate.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in 26.02 When any documented disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion investigation of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10manner is initiated against a member covered by this Agreement:
a) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee The member shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 Union representation.
b) A member of the Personnel Policies Union Executive, or their designate, shall be present at any and Procedure Manual, as appropriateall meetings.
Section 13.10 Pending a pre-action or pre-termination hearingc) With as much notice as possible, the City may suspend an Employee until investigation Fire Chief shall advise the Union and the member of a disciplinary hearing and shall provide a written notification to each party in advance of the incident is completed and will normally place hearing. The Union Executive shall be informed prior to the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Unionmember. If the Employee has been involved with Union and the Fire Chief agree that the Union notify the member, then such notice constitutes notification under this clause.
d) Within seven (7) days of the above hearing the member and the Union shall receive a possible criminal offensewritten notification as to the result of the hearing, and/or upon closure of the investigation.
e) Time limits specified above may be extended upon mutual consent of all parties.
26.03 Where the situation instigating discipline requires an immediate response and Union representation is not immediately available, the employee disciplinary action shall proceed and the Union shall be placed notified of the proceedings as soon as is practical. Failure to interpret properly whether the circumstances apply to Articles 26.01 or 26.02 shall not prejudice the merits of the action taken should a grievance result.
26.04 No member may be disciplined or discharged for disciplinary reasons without just cause.
26.05 A member’s official Human Resources & Safety File shall be cleared of documentation under the following circumstances:
a) Non-disciplinary actions such as notes, coaching and warning letters shall be retained on either authorized personal leave or leave without pay file for twenty-four (24) months.
b) Upon written request to Human Resources & Safety, the Fire Chief and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure Union written reprimands shall be removed from after thirty six (36) consecutive months, if no further discipline has occurred during the Employee’s thirty six (36) consecutive months.
c) Upon written request to Human Resources Department file & Safety, the Fire Chief and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with datedUnion, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation discipline resulting in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employeesuspension, shall be considered a suspension removed after forty eight (48) consecutive months if no further discipline has occurred during the forty eight (48) consecutive months.
26.06 An employee, who is absent from work in excess of four (4) shifts/days without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which prior authorization from the Employee could be suspended without payemployer, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall will be considered a suspension without pay to have abandoned their position which is just cause to terminate employment. Exceptions to the above must be based on protected grounds, or where it was/is not reasonably possible for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvethe employee to obtain authorization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to may discipline or discharge any non-probationary Employee an employee for just cause. Any such discipline or discharge Investigations into disciplinary infractions shall be subject conducted as expeditiously as possible. Copies of all disciplinary reports shall be provided to the Grievance or Appeals ProcedureUnion, as applicableindicating clearly the exact nature of the matter. In the administration of this Article, all discipline Such disciplinary reports shall be reasonably expedient, progressive in nature, based upon the circumstances issued within thirty (30) working days of the offense and date the Employee’s performance recorddisciplinary infraction became known to the management supervisor. Should the infraction investigation require more than thirty (30) working days, and the employee will be corrective rather than punitive (except in advised through a Notice of Investigation. All Notices of Investigation shall be copied to the case Union. Should the Union or the employee be of termination). This principle shall not apply to deliberate or serious offenses which the opinion that any disciplinary action is improper, then that disciplinary action may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of a grievance and such grievancesgrievance shall be processed in accordance with the grievance procedure of this Agreement.
Section 13.2 The 4.02.01 When a supervisor issues a non -disciplinary documented counselling, the employee will be given a copy of such documentation.
4.02.02 Written reprimands shall be deemed void after an employee has maintained a clear record with no infractions for 24 months of active employment. Other disciplinary infractions shall be deemed void after an employee has maintained a
4.02.03 Where an employee is required to meet with a representative of the City and Union agree Employees where the purpose of said meeting is to apply discipline to that employee, the employee shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, entitled to have a Union representative presentpresent during such meeting, if the employee so desires. Management is In recognition of facilitating aspects of the Working Relationship Agreement (WRA), wherever practicable, the employee shall be advised of this entitlement by the City in advance of the meeting.
4.02.04 Suspensions for full - time operators will be based on an 8 -hour shift. Suspensions for a part - time operator who works less than 8 hours will be based on their regular part - time hours. Suspensions for a part - time operator who works between eight (8) and ten (10) hours will be based on an 8 -hour shift. For operators not working an 8 - hour shift, who are required to inform serve a suspension, work days may be adjusted for operational reasons. 5 UNION SECURITY 5.01 Recognition The City recognizes the employee Union as the sole collective bargaining agent in all matters pertaining to wages, hours of his/her witness rights; it is work, fringe benefits and working conditions covered by this Agreement for all employees. The parties hereby agree to negotiate with each other concerning matters covered by this Agreement affecting the Employee’s responsibility relationship between the parties, aiming toward a peaceful and amicable settlement of any differences that may arise between them. 5.02 Check - Off of Union Dues The City agrees to know deduct, from the wages of all employees covered by this Agreement, union dues as shall be decided by the Union, subject to the provision that the dues are in the form of a standard formula or standard dollar value for all employees in the bargaining unit. These deductions shall commence on the first day of a pay period and request shall be forwarded to the Union representationat the end of each pay period, together with a list of employees from whom deductions have been made. The Union representative shall be told provide the purpose City with written notification of any alteration of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within dues structure at least thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process advance and implementation shall be completedwithin the said thirty (30) day notice.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee A. No bargaining unit member shall be disciplined except for just cause. Any such discipline Employees shall not be discharged or discharge shall be subject given a disciplinary suspension without first being given an opportunity to attend a conference where the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances employee may give his/her version of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination)events at issue. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the rightemployee being so disciplined shall, upon request, to have a Union representative present. Management is , but shall not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to be accompanied or represented by a private attorney or any other person other than the Union. Such a pre‐suspension/discharge conference shall not participate in such a meeting if management denies union representation and continues be required relative to question the Employeeserious offenses requiring immediate action.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with B. The University may promulgate and publish work rules regulating the employee. Counseling conduct of this type bargaining unit employees and informing employees of the types of conduct which shall be held in private between deemed inappropriate. Newly promulgated or amended work rules shall be sent to the Employee Union President or his/her designee fourteen (14) days prior to the date they take effect. Until the time new rules are promulgated, present department rules and the supervisorenumerated offenses stated in O.R.C. §124.34 will apply. Counseling is not considered discipline The grievance procedure shall be available if the rules are unreasonable or are applied in a discriminatory manner.
C. Copies of suspension and is not subject to the Grievance Procedure. A written Employee Counseling Record may discharge actions will be completed to document such counseling with a copy provided to the Employeeemployee or mailed to the employee's address of record and mailed to the Union President or his/her designee at the time disciplinary action is taken.
D. Disciplinary suspensions shall be for a specified number of days and holidays shall be counted as a day of suspension for this purpose.
E. Suspensions and discharges may be submitted to the grievance procedure at Step 3. All other disciplinary actions may be submitted to the grievance procedure at the step at which the discipline was issued.
F. Notices dealing with discipline consisting of a suspension or termination shall state the type and amount of discipline imposed, and the reasons for the disciplinary action taken. The Employee may provide a written responsenotice shall include any contract provision, statute, policy or work rule which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time employer considers to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional timehave been violated. The written notice Union shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given receive a copy of such the discipline notice at the time such action the notice is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action presented to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateemployee.
Section 13.10 Pending a pre-G. Disciplinary action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department employees personnel file and will cease to have any force or effect in compliance with the Employee’s official personnel file within his/her departmentfollowing schedule, provided the employee has no intervening discipline while current discipline remains active. If an employee has intervening discipline during the time period that formal discipline remains active, the time of the new discipline shall extend the old discipline with it until the new discipline expires:
1. Verbal and Written reprimand twelve (12) months.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice2. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsSuspension twenty four (24) months.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section
13.1 The City reserves As a matter of practice and general principle, the right to discipline Board endorses the concept of progressive discipline.
13.2 No Employee who has completed the probationary period shall be disciplined or discharge any non-probationary Employee for terminated without just cause. Any such discipline or discharge , except as otherwise set out in Article 14.2 and 14.4.
13.3 Nothing in this Article shall be subject construed to preclude normal discussions between Supervisors and Employees concerning standards, expectations, or performance of work.
13.4 The disciplinary actions that may be taken by the Grievance Employer include, letter(s) of warning or Appeals Procedurereprimand, as applicablesuspension without pay, and dismissal. In the administration of this Article, all discipline Such disciplinary actions shall be reasonably expedient, in accordance with the principles of progressive in nature, based upon discipline and be reasonable and commensurate with the circumstances seriousness of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case behaviour. Letters of termination). This principle Expectation shall not apply be considered disciplinary
13.5 Employees are entitled to deliberate Association representation at any disciplinary meeting or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee any meeting that has a reasonable belief prospect for becoming disciplinary. Employees will be provided a minimum of two (2) Business Days’ notice of any such meeting and shall be advised that they are entitled to Association representation at this meeting.
13.6 Employees who would not like Association representation for a disciplinary meeting must provide a written or electronic copy of the interview may result signed “waiver of representation” form to the Association’s office.
13.7 If not provided in writing during the disciplinary action against him or hermeeting, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of the nature of any pre-action hearing at least two (2disciplinary action(s) working days (or equivalent work hourstaken and the reasons for such action(s) prior to a pre-action hearing and within five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearingdisciplinary meeting, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline the letter shall be forwarded to the Association at that time.
13.8 Prior to the time such action is taken. This document shall include issuance of discipline, the specific reasons for such discipline such as, approximate time and location, specific work rule University may pursue an anonymous or regulation violated, action unattributed complaint provided the details of the employee complaint are investigated and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or substantiated under the administrative grievance procedure provided within Section 400 terms of the Personnel Policies and Procedure Manual, as appropriaterelevant policy and/or procedure.
Section 13.10 Pending a pre-action or pre-termination hearing, the City 13.9 An Employee may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without a non-disciplinary suspension with pay pending investigation provided written notice is given to the Employee and the timeframes for investigation Association.
13.10 All disciplinary meetings, interviews, and the pay status determination investigations shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part treated as confidential subject to any limits to confidentiality in the respective University policy. Should the results of an investigation find the progressive disciplinary process regardless allegations against the Employee are unsubstantiated, all records of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure such investigation shall be removed from the Employee’s Human Resources Department file and personnel file.
13.11 The Employer shall remove all records of discipline from the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents eighteen (18) months after the date of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards discipline or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion end of the Employee’s supervisorappointment term (whichever comes first), be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveprovided no further disciplinary action is taken.
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 A. The City reserves the right to Employer will discipline or discharge any non-probationary Employee employees for just causecause only. Any such The discipline will be given in response to the seriousness of the violation. The County shall practice the philosophy of progressive discipline where practicable. The levels of discipline will be in one or more of the
1. Informal oral discussion;
2. Formal Oral reprimand;
3. Written reprimand;
4. Suspension;
5. Demotion; or
6. Discharge
Section B. Formal Oral Reprimands shall be documented in writing. The document shall state the reasons for the reprimand, the expectations to be met, and that future like actions may result in further disciplinary action. The document will be kept in the Employee's performance file.
Section C. The suspension, demotion, or termination of an employee who has successfully completed the required probationary period may be grieved in accordance with the grievance procedure outlined in Article XI of this Agreement.
Section D. An employee may view his/her personnel file at reasonable times and under the supervision and in accordance with the human resource/personnel policies established. Employees shall also be able to view the performance file kept by either the supervisor or department head at reasonable times and under the supervision of the supervisor or department head.
Section E. Employees may be subject to disciplinary action for one or more of the following: (this is not meant to be an exhaustive list and may include other situations as well): working under the influence of alcohol or drugs; theft; submitting false time sheets, claims, vouchers, reports, etc., using the position for personal gain or for the gain of a family member or friend; negligence which results in the destruction or damage of County property or equipment; harassment of other employees, clients, or customers; poor performance; abuse of sick or other leaves; violation of County or department rules, policies, or procedures.
Section F. All notices of discharge shall be subject presented to the Grievance or Appeals Procedureemployee and be in writing providing the reasons for the discharge, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon date the circumstances of the offense discharge is effective and the Employee’s performance record, and date which County property is to be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesreturned.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns G. In the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has event a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇general ▇▇▇▇▇▇ or representative, chosen by is contemplated; the Employee, present Employer agrees to call in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior the Unit and to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to situation with them before any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause1. Any such discipline or discharge Discipline shall be subject defined as temporary or permanent actions implemented to the Grievance assist an employee in overcoming a substantiated deficiency related to behavior or Appeals Procedurework performance. Temporary actions shall include documented oral warnings, as applicableadmonishments, and written reprimands. In the administration of this ArticlePermanent actions shall include suspensions, all discipline administrative leave without pay and terminations. All actions above an admonishment are grievable.
2. Discipline includes documented oral warnings, admonishments, written reprimands, suspensions, administrative leave without pay, and termination. All disciplinary matters shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense writing and the Employee’s performance record, and shall be corrective rather than punitive (except maintained in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesemployee's official personnel file.
Section 13.2 The City and Union agree Employees shall 3. An employee may be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conductplaced on administrative leave with pay pending an investigation into alleged misconduct. This shall not preclude the rights of individual departments and managers be deemed to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sectionsbe discipline, nor shall it be grievable.
Section 13.3 If it 4. The principles of progressive discipline shall be utilized. Progressive discipline is necessary defined to interview an Employee to discover information as part of an investigationinclude documented oral warning, admonishment, one (1) or more written reprimand(s) and the Employee has a reasonable belief that the interview may result in thereafter more severe disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationaction. The Union representative shall be told recognizes the purpose need for more severe initial disciplinary action in the event of major violation of established rules, regulations or policies of the meeting and county or its operating departments, or misconduct. The decision to uphold a disciplinary action will be given reasonable time based on the reasonableness of the discipline imposed by the Public Defender or Special Public Defender in response to confer with the Employee before the meeting. Employees have the right to actions taken or not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses taken by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered An employee who receives discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record as defined above, may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days working days, submit a rebuttal in writing to the ▇▇▇▇▇ County Human Resources Director, which shall be attached to and accompany the discipline.
5. Discipline subject to the grievance procedure is defined as an employee's written reprimand, suspension, involuntary termination from becoming aware County service, or a grievable corrective action as defined in paragraph 1 of this section. It will not include matters over which the Nevada Equal Rights Commission has jurisdiction.
6. Employees must be notified of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall actions and be given the opportunity to have a Union ▇▇representative, or another witness of the employee's choice present during any disciplinary action. Securing representation is the responsibility of the employee.
7. Disputes specifically excluded in this article or other articles of this agreement from the grievance and arbitration procedure shall not be construed as within the purview of this article. The grievance/arbitration procedures and timelines are outlined in section 2 of this article.
8. No employee who has satisfactorily completed probation may be disciplined without just cause. Just cause may include, but not be limited to:
a. Violation of the criminal laws or ordinances of the cities, counties, state of Nevada, of any other state, or the United States, the violation of which is considered a crime;
b. Violation of written county or departmental rules and regulations that do not conflict with the terms of this agreement and have been properly approved;
c. Solicitation of the public for money, goods or services which has not been approved in accordance with established procedures;
d. Acceptance of any reward, purchased gift, other forms of remuneration or compensation for work related duties, which has not been approved in accordance with established procedures;
e. Failure to perform the duties of the position, conduct which jeopardizes the effective representation of clients, conduct which jeopardizes the security of the Public Defender's Office and Special Public Defender' s Office or staff, insubordination, serious or repeated violation of the personnel policy of ▇▇▇▇▇ County, or representative, chosen unsatisfactory job performance.
9. Upon written request by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior employee to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ County Human Resources Director or representative at designee, the hearing, record of a documented oral warning shall be removed from the personnel file within six (6) months from the name date of issuance if no further discipline for similar offenses ensues. The record of an admonishment shall be removed from the hearing officer.
Section 13.7 Notice personnel file within twelve (12) months from the date of issuance if no further discipline of similar offenses ensues. The record of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require be removed from the personnel file within eighteen (18) months from the date of issuance if no further discipline for similar offenses ensues. All documents will be returned to the employee. Suspensions, administrative leave without pay and terminations are part of an employee's permanent file and shall not be subject to removal. Any employee that receives a certified hearing officer suspension at any level is automatically disabled from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject disciplinereceiving their next scheduled merit increase.
10. Upon conclusion of written request or authorization by an employee involved in a disciplinary hearing, the Union ▇▇employee's attorney or bargaining unit representative may obtain data from the personnel file of the employee that is necessary and subject to the discipline in preparation of a grievance meeting, hearing, or arbitration.
11. Each employee shall have access to his/her official personnel file, by appointment, during the normal business hours. ▇▇▇▇▇ or representative County shall maintain the personnel file for each employee. At the employee's request he/she shall be afforded provided one (1) copy of any or all documents maintained within the opportunity employee’s personnel file.
12. Other than the employee, access to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings his/her official personnel file shall be conducted by limited to designated confidential staff within the Public Defender’s Office and/or Special Public Defender’s Office, designated confidential staff in ▇▇▇▇▇ County, or a department in which an impartial hearing officer designated by the Human Resources Director or designeeemployee has sought promotion, demotion and/or transfer. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action request of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee Public Defender’s Office and/ or Special Public Defender’s Office and/ or ▇▇▇▇▇ County Human Resources, the employee or their union representative shall have the right to appeal review items in their personnel file.
13. Citizen complaints requiring no further action shall not be placed in the employee's personnel file. Additionally, exonerated, unfounded, or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 non- substantiated dispositions shall not be made part of the Personnel Policies and Procedure Manual, employee's personnel file. These complaints shall not be used as appropriatea basis for subsequent discipline; nor shall they be used as evidence in a subsequent investigation on an unrelated matter.
Section 13.10 Pending a pre-action 14. Negative or pre-termination hearingadverse comments or documents will not be placed in the employee's personnel file without prior review and acknowledgment by the employee. Upon review, the City may suspend an Employee until investigation of employee will initial the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Unioncomment or document. If the Employee has been involved with a possible criminal offenseemployee refuses to initial the comment or document, the employee shall employee’s refusal will be placed on either authorized personal leave noted on/or leave without pay and attached to, the timeframes for investigation and the pay status determination shall be solely at management’s discretioncomment or document.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-pre- action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial impartial, certified hearing officer from outside the department designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The , and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 1. The City reserves employer shall not discipline (including discharge) an employee withoutjust and stated cause (which shall include violation of the right to discipline or discharge any non-probationary Employee for just causeoperational rules attached hereto). Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Except as applicable. In the administration of otherwise provided in this Article, all 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 includingdischarge). 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. 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 reasonably expedient, progressive in nature, based upon the circumstances governed by Article 20 of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesthis Agreement.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing2. Employees shall be notified in writing provided written notice of any pre-disciplinary action hearing at least taken againstthem. A notice of a disciplinary penalty less than termination shall include the following information:
(1) Identify the misconduct.
(2) Indicate expected correction.
(3) Establish the time by which correction must be made. (if Applicable)
Section 3. Employees shall be required to acknowledge receipt of all notices of disciplineby signing and dating the Employer's copy of said notice(s).
Section 4. A copy of the written notice of disciplinary action taken against an employee shall be promptly provided to the Association President.
Section 5. Prior to imposing disciplinary action against an employee, the Employer willmeet with the employee in an attempt to clearly understand the situation. The employee may request the presence of an Association Representative of the Employees choice if that representative is available within 24 hours and if so requested, the Employer shall provide for an Association Representative to bepresent.
Section 6. The disciplined employee will be allowed to discuss her discipline withan Association Representative 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 discipline with the employee and the Representative within two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officersaid action.
Section 13.7 Notice of a pre-action hearing means that 7. Should the Employee is being disciplined employee, or the Representative, consider the discipline to be improper, the matter will be considered for discipline involving a suspension without pay or demotion as a possible outcome of under the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingGrievance Procedure (Article VII), commencing at Step 1.
Section 13.8 Discipline above 8. Any employee found to be unjustly suspended or discharged shall be reinstatedwith full compensation (including field trips, provided the level driver has signed within the last four postings of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her field trips prior to any decision being made. In any pre-action her suspension or pre-termination hearing, the burden discharge) and other rights and conditions of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)employment.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Custodial/Maintenance Paraprofessional Transportation Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The To ensure an Employee has opportunity to correct his/her actions in a timely manner, any issue requiring counseling documentation shall normally be presented to the employee within thirty (30) days from the time management becomes aware of the issue. If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, and ; 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) calendar days from management becoming aware of the alleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.13 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from each AFSCME unit in addition to the President or designee. The City’s team shall consist of no more than five (5) representatives.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-pre- action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial impartial, certified hearing officer from outside the department designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the Employee When an employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee employee has been involved with a possible criminal offense, the Personnel Director or their designee must approve the employee shall be being placed on either authorized personal administrative leave unpaid or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionpay.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The , and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right 30.01 Subject to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Clauses 26.03(a), 30.02 and 30.03, dismissals, suspensions and other disciplinary action shall be subject to carried out in accordance with the Grievance or Appeals ProcedureRoyal Newfoundland Constabulary Act, S.N.L. 1992 (as applicable. amended) and Regulations made thereunder.
30.02 In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination)a police officer who feels he or she has been unjustly dealt with through a disciplinary action not covered by the Regulations made under The Royal Newfoundland Constabulary Act, S.N.L. 1992 (as amended) such a police officer may file a grievance in accordance with the procedure set forth in Article 32 entitled "Grievance Procedure". This principle shall not apply to deliberate In all cases of dismissal, suspension, or serious offenses which may lead to an immediate a disciplinary action involving demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesof a serious nature, probationary Employees have no due process the police officer concerned will be served with a written notice stating the reason or property rights in their positions until after completing cause for the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of action before such grievancesaction becomes effective.
Section 13.2 The City 30.03 Should there be any alterations or changes in the Regulations in force under the Royal Newfoundland Constabulary Act, S.N.L. 1992 (as amended) in relation to the procedure for dealing with disciplinary action, grievances relating to suspension and Union agree Employees dismissals may be processed in accordance with the Grievance Procedure set forth in Article 32.
30.04 Subject to Clause 30.01 there shall be treated only one (1) recognized personal file for each police officer and this file shall be maintained at Police Headquarters. Police officers stationed at Labrador West and Corner Brook regions shall have a copy of their recognized personal file maintained at that region for the term of their posting. Any document alleging misconduct or that may be construed as consistently as possible as concerns the application being of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights a disciplinary nature and which will form part of individual departments a police officer’s record, will be copied and managers to set forth specific rules or manners of operating their work areas which are related a copy forwarded to the provision of specific services and police officer concerned prior to being placed in the mission of their work sectionspolice officer’s file.
Section 13.3 If 30.05 Any such document referred to in Clause 30.04 shall be removed and disregarded after the expiration of two (2) years from the date it was placed in the police officer's file provided there has not been a recurrence of a similar incident during that period. The police officer shall be responsible to see that any such document is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief removed. * 30.06 Discipline matters that the interview may result Chief considers to be minor in disciplinary action against him nature ("minor discipline matters") are to be dealt with under this paragraph, while discipline matters that the Chief considers to be major in nature ("major discipline matters") are to be dealt with under the Royal Newfoundland Constabulary Act, S.N.L. 1992 (as amended) and Regulations. Minor discipline matters are to be dealt with as follows:
(a) The Chief or herthe Chief’s designee shall investigate and assess the penalty for a minor discipline matter, the Employee has the right, upon request, to have being one of,
(i) a Union representative present. Management is not required to inform the employee verbal reprimand,
(ii) a written reprimand,
(iii) forfeiture of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeepay or lieu time.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. (b) The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which Police Officer may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealseligible for promotion for up to six (6) months.
Section 13.5 Management (c) The Chief or the Chief’s designee shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware inform the police officer in writing of the alleged offense. A disciplinary action report should be offered reason(s) for the discipline and for the penalty, as well as the police officer’s right to grieve the Employee discipline or penalty, or both.
(d) The aggrieved police officer may take the matter up with the Chief or the Chief’s designee within seven (7) calendar days of completion receipt of the discipline letter. The grievor may be accompanied, if the grievor so desires, by a final pre-action member of the Association Grievance Committee. The Chief or pre-termination hearing resulting the Chief’s designee shall give an answer to the grievor within five (5) calendar days from the time the Chief was approached.
(e) If the matter is not satisfactorily resolved, the Association may take the matter to arbitration and shall notify the Chief in writing within fifteen (15) days of the reply from the Chief of Police or the Chief’s designee. The Arbitration proceeding for minor discipline or terminationmatters under this paragraph (the "discipline arbitration") shall be in accordance with the procedure and format hereinafter set out, and Article 32 shall not apply.
(f) The discipline arbitration shall be conducted by a mutually agreed sole arbitrator in an expedited and informal manner. Upon Management providing written notice of notification by the Association or the Employer, the Arbitrator shall set a delay in the process stated above, Management will be given additional timehearing date within fourteen (14) days. The parties shall exchange full written notice shall provide submissions of all facts and arguments to each other and to the Employee with an estimated date when Arbitrator at least forty-eight (48) hours prior to the process shall be completedscheduled hearing.
Section 13.6 Employees shall be given (g) The Arbitrator should restrict the opportunity hearing process to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days hours or less. Evidence should only be entertained on critical issues of disputed facts, and in an expedited fashion. The parties should avoid using lawyers.
(or equivalent work hoursh) prior to The Arbitrator shall render a pre-action hearing and decision within five (5) working days (or equivalent work hours) prior to a pre-termination hearingdays. The Arbitrator may allow the grievance, dismiss the grievance, or modify the discipline penalty as the Arbitrator decides appropriate in the circumstances. The Arbitrator’s decision may be with or without written notification of hearings reasons. Any reasons should be brief.
(i) The parties shall include: 1) general information concerning share equally the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date remuneration and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name expenses of the hearing officerArbitrator.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, ; 5) the date management became aware of the misconduct; and 56) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) the name calendar days from management becoming aware of the hearing officeralleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed completed. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and will normally place within five (5) working days of the Employee on paid administrative leave, or as soon as reasonably possible. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves Board agrees with the right tenets of progressive and corrective discipline, including but not limited to oral reprimand, written reprimand, suspension without pay, and discharge. The Superintendent or designee may place an employee on paid administrative leave during an investigation. The Board agrees to administer discipline in a manner which is neither arbitrary nor capricious and further agrees that it shall bear the burden of demonstrating that disciplinary action is neither arbitrary nor capricious. However, nothing contained herein shall require the Board to exhaust any or all of the listed disciplinary techniques when a determination has been made of the need to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesemployee.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers A. When an employee is required to set forth specific rules attend a meeting with his or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigationher supervisor, and the Employee has a reasonable belief that employee believes the interview meeting may result in disciplinary action against to him or her, the Employee has the right, upon request, to that employee may have a Union representative presentpresent at such meeting (only one employee representative will be released if the meeting is during the work day). Management The Union will provide to the District a current listing of Union representatives, titled “Grievance Representative Assignment,” to be used for this purpose at each building, and the supervisor involved will make the necessary arrangements to ensure the availability of the listed Union representative(s) for all meetings. Provided, however, if the Union has not designated a representative at a building, or if the designated representative(s) in that building are absent or unavailable, the District may select another representative from the listing provided by the Union.
B. In the event the Union representative is not required asked to inform attend a meeting with a bargaining unit member during the representative’s regular work day, that representative shall be released from his/her District responsibilities without loss of pay.
C. Whenever an employee is called to a meeting to be disciplined, the Board or its designee shall notify the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative present prior to the administration of said discipline. It shall be the responsibility of the employee to be disciplined to secure his/her representative, chosen by provided this does not unreasonably delay the Employee, present disciplinary meeting.
D. Any and all official documents placed in any an employee’s personnel file as part of a disciplinary hearing. Employees shall procedure will be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior provided to a pre-action hearing the employee and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated employee’s representative (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action discipline is takenadministered or as soon thereafter as is reasonably possible. This document shall include If an employee has received only one verbal reprimand during the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearingprevious rolling twelve (12) month period, the City may suspend an Employee until investigation of the incident is completed and verbal reprimand will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employeeemployee’s Human Resources Department file and at the Employeeend of the twelfth month, upon the employee’s official personnel file within his/her departmentrequest, provided there has been no additional employee discipline. Upon the employee’s written request, letters of reprimand will be removed after twenty-four (24) months if the employee has not had any additional discipline during the twenty-four month period.
Section 13.12 Employees shall be allowed to review and copy contents E. The Board will provide Bargaining Unit employees with written notice of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy investigatory interviews that may result in the contents of an Employeeemployee’s Human Resources personnel file with dated, written authorization from such Employeediscipline. The written authorization shall include a statement that notice of the Employee releases investigatory interview will be copied to the Employer from all liability regarding Unit Chairperson. Bargaining Unit employees retain the disclosure of these records. The right to decline Union agrees to defend, indemnifyrepresentation in such interviews, and to hold if such representation is declined, the Employer harmless for any legal proceeding arising from Union’s representative will not be present during the disclosure of these recordsinterview.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Discipline shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline for proper cause and shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees administered as follows: • Reprimands shall be treated as consistently as possible as concerns administered by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments supervising ▇▇▇▇ or Campus President and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told for the purpose of stimulating corrective action on the meeting part of the faculty member and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment preventing improper action in the future. Depending on the seriousness of the offense, counseling reprimands may take the form of a verbal or written reprimand. If a written reprimand is administered, a copy shall be provided to the faculty member and a copy shall be submitted to the Human Resources records department for inclusion in the faculty member’s personnel file. • A faculty member may be used as evidence in these grievance hearings suspended with or appeals.
Section 13.5 Management without pay based upon a recommendation by the Campus President to the College President. The College President shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware notice of the alleged offense. A disciplinary action report should be offered suspension to the Employee within seven (7) calendar days District Board of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in Trustees and the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees faculty member shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ present his or representative, chosen by her version of the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative controversy at the hearing, 6) the name next regularly scheduled meeting of the hearing officer.
Section 13.7 Notice of a pre-action hearing means DBOT. Discipline that the Employee is being considered for discipline involving a results in suspension without pay may be subject to arbitration provided that the non-renewal of annual contract or demotion as the awarding of continuing contract is not subject to arbitration. • Dismissal of a possible outcome faculty member shall be by recommendation of the hearing. Notice College President to the District Board of a pre-termination hearing means Trustees, provided that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must no such faculty member may be afforded dismissed without an opportunity to hear be heard at a public hearing and discuss provided further, that the charges and major supporting evidence against him/her prior to must be based on immorality, misconduct in office, incompetence, gross insubordination, willful neglect of duty, drunkenness, or conviction of any decision being madecrime involving moral turpitude. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. • A non-probationary Employee faculty member shall have the right to appeal have his or grieve such discipline as provided under Article 14 of this Agreement or under her union representative attend any meeting with a supervisor where disciplinary action may be taken. It is the administrative grievance procedure provided within Section 400 responsibility of the Personnel Policies and Procedure Manualfaculty member to notify the union representative. • Pursuant to the provisions of Rule 6A-14.0411, as appropriate.
Section 13.10 Pending FAC, when the College President recommends dismissal of a pre-action faculty member under continuing contract or pre-termination hearingreturns a continuing contract faculty member to an annual contract, the City may suspend an Employee until investigation College President shall notify the faculty member in writing of the incident is completed and will normally place recommendation. Within 21 days of receipt of the Employee on paid administrative leave. In cases where the Employee is on paid administrative leavePresident’s notice, the Department shall have sole authority to determine faculty member must file a petition with the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave DBOT if he or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part she elects one of the progressive disciplinary process regardless following: (1) public hearing consistent with the policies and procedures of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two the College; (2) yearsan administrative hearing as set forth in State Board of Education Rule 6A-14.0411, except in cases involving unusually serious offenses including but not limited FAC; or (3) the parties can mutually agree to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal an independent hearing procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsalternative dispute resolution process.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 15.1 The City reserves Board may adopt written rules and regulations not in conflict with the right terms of this Agreement governing the discipline of employees.
Section 15.2 Any such rules and regulations adopted by the Board shall be communicated to discipline the officers of the Association and copies shall be sent to employees by the administrator in charge. A minimum of a ten (10) day notification for changes to Work Rules pursuant to Appendix B is required by Administration prior to implementation.
Section 15.3 No employee shall be disciplined, reprimanded, reduced in rank or discharge compensation or deprived of any non-probationary Employee for advantage without just cause. Any such discipline discipline, reprimand or discharge reduction of rank, compensation or advantage, asserted by the Board or any agent or representative thereof shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesgrievance procedure herein set forth.
Section 13.2 15.4 The City and Union agree Employees Board shall be treated as consistently as possible as concerns not take into account any discipline or infraction of rules or regulations which have occurred more than two (2) years prior to the application date of discipline and/or other actions regarding work rules as found within Appendix B the current infraction, except for infractions in Group C of the Work Rules which will be taken into account and remain for Personal Conduct. This shall not preclude a period of three (3) years from the rights date of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sectionsinfraction.
Section 13.3 If it is necessary to interview 15.5 A supervisor shall notify an Employee to discover information as part employee of an investigation, and the Employee has a reasonable belief that the interview may result in any pending disciplinary action against him immediately. Disciplinary action shall be initiated within ten (10) working days from the occurrence of the action giving rise to the discipline or her, the Employee has time from which the right, upon request, to have a Union representative present. Management is not required to inform supervisor was made aware of the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationaction. The Union representative shall parties recognize that additional time may be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeextended by mutual agreement.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record 15.6 No material may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department filepersonnel file without the employee’s knowledge. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve review any derogatory information before it is placed in the file. The employee shall have the right to attach a response to any such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriatematerial.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department 15.7 The employee shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed right to review and copy the contents of his/her personnel file. This must be done with the Director of Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards Employee Relations or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employeehis/her designee. The written authorization employee shall include a statement that have the Employee releases right to Association representation at the Employer from all liability regarding the disclosure review of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordshis/her personnel file.
Section 13.13 It 15.8 Should disciplinary action be scheduled, the employee is agreed reduction of accrued vacation entitled to and may request that an Association representative be present prior to any disciplinary action being taken.
Section 15.9 The Board shall follow the progressive steps in lieu of suspension without pay Appendix B , Work Rules, when the Board disciplines any employee for just cause. When the disciplinary action is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism taken, the Board shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which provide the Employee could be suspended without pay, may, at the sole discretion reason(s) and details of the Employee’s supervisor, be offered a vacation leave accrual reduction incident in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvewriting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 17.1 If the right Board has reason to discipline an employee, it shall normally be done outside the presence of other employees, students, or discharge any non-probationary Employee the public, except for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsUnion representative.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. 17.2 A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process bargaining unit employee shall be completedentitled to Union representation at disciplinary meetings. Disciplinary action taken by the Board shall remain confidential, except for Board resolutions regarding termination of employment.
Section 13.6 Employees shall be given 17.3 In the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing event of any pre-action hearing at least two (2) working days (or equivalent work hours) prior reprimand of record to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s)an employee covered by this Agreement, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined involved shall be given a copy of such the reprimand as well as a copy of any documents which are placed in the file maintained by the employer for personnel purposes, and shall be given an opportunity to present a written statement of position to the employer and to have same placed in the employee’s personnel file.
17.4 An employee not performing his/her duties satisfactorily shall be notified by the District of the reason(s) for his/her deficiencies. Discipline shall be progressive and corrective in nature except upon the commission of serious misconduct. If an employee’s performance conduct is not remediable, he/she may be dismissed. Progressive and corrective discipline at shall include:
A. Documented verbal warning(s) or reprimand(s) with copies of the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of warning given to the employee and if appropriate, recommend corrective action placed in the employee’s personnel file;
B. Written warning(s) or reprimand(s) with copies of the warning given to the Employeeemployee and placed in the employee’s personnel file; and
C. Suspension with or without pay. A non-probationary Employee higher level of discipline including termination may be imposed for serious misconduct. Serious misconduct includes but is not limited to: theft, insubordination, physical violence in the workplace, sexual misconduct in the workplace, possession of firearms, weapons, illegal drugs or alcohol in the workplace or being convicted of a felony. Nothing herein shall have prevent the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure ManualBoard from immediately dismissing an employee for reasons which it deems, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearingin its sole discretion, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leavenot directly involving performance, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination such reasons as repeated unexcused absences and intentional failure to follow Board policies or sexual harassment, or harassment based on other protected characteristics. Any documentation relating directives.
17.5 An employee subject to a specific disciplinary action overturned through either the grievance or appeal procedure discharge shall be removed from given an opportunity to present a written statement of position to the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, Board and to hold have the Employer harmless for any legal proceeding arising from same placed in the disclosure of these recordsemployee’s personnel file.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge 17:01 When any non-probationary Employee for just cause. Any such discipline or discharge shall be subject employee is called to the Grievance office for an interview for work record counseling or Appeals Procedurefor disciplinary action, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have will be taken until a Union representative is present. Management is not .
17:02 Any employee subject to discipline while off Company premises will be required to inform report to the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer plant, for a disciplinary interview with the Employee before the meetingCompany. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management Such interview will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least within two (2) working days after the cause for discipline is known to the Company.
17:03 All disciplinary action shall be taken within two (2) working days after the cause of the discipline is known to the Company.
17:04 Any suspension or equivalent work hoursdischarge is not to be grieved until the procedures are followed as outlined under section 17:05, 17:06.
17:05 All suspensions except those described in 17:06 will be deferred one (1) prior working day. The employee will be allowed Union time to complete a pre-action hearing fact sheet regarding the problem. Such time taken for this purpose will be deducted from the time allowance provided in 17:07. A meeting will be arranged between the parties including the Plant Chairperson and the Human Resources Manager on the following working day shift following the date of discipline. It will be determined following this meeting if the suspension will be imposed, modified or withdrawn. The Union will be notified of the result of this meeting in writing within five (5) working days (or equivalent work hours) prior days. Failure to meet these time lines will result in the suspension being withdrawn unless an extension has been mutually agreed upon. If a pre-termination hearingsuspension is imposed as a result of this meeting and the Employee wishes to continue to the third stage, the suspension will not be imposed until a third stage meeting is held.
17:06 Where the offence is considered by the Company to warrant immediate discipline, the employee concerned will be required to immediately leave the Company premises, provided the provisions of 17:01 have been fulfilled. The written notification employee will be allowed Union time to complete a fact sheet regarding the incident. Such time taken for this purpose will be deducted from the time allowance provided in 17:07, but the employee will not be permitted back in the plant.
17:07 When sections 17:05 and 17:06 procedures have determined that discipline by the Company is warranted, the employee will be granted a reasonable period of hearings time to discuss the matter with his Union representative and grieve the disciplinary actions if he so chooses. The time limit allowed for this meeting shall include: 1) general information concerning the alleged offense(s), not exceed two (2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officerhours.
Section 13.7 Notice of a pre-action hearing means that 17:08 In the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means event that the employee is being considered for disciplined, the Company shall notify the Union in writing immediately after any level disciplinary action has been imposed stating in such notice the reason or reasons of such disciplinary action and the type of discipline up imposed, provided however that such notice shall not limit the Company to and including discharge as a possible outcome of the hearingonly those reasons specified.
Section 13.8 Discipline above 17:09 When a verbal warning has been issued against an employee, such verbal warning shall remain against the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt record of an extension request from the Unionemployee for a period of six (6) working months. If the Employee When a written warning has been involved with a possible criminal offenseissued against an employee, such written warning shall remain against the record of an employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum period of only two eight (2) years8) working months. When an employee has been suspended, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either such suspension shall remain against the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents record of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include employee for a statement that the Employee releases the Employer from all liability regarding the disclosure period of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Discipline shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline for proper cause and shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees administered as follows: Reprimands shall be treated as consistently as possible as concerns administered by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments supervising ▇▇▇▇ or campus president and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told for the purpose of stimulating corrective action on the meeting part of the faculty member and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment preventing improper action in the future. Depending on the seriousness of the offense, counseling reprimands may take the form of a verbal or written reprimand. If a written reprimand is administered, a copy shall be provided to the faculty member and a copy shall be submitted to the Human Resources records department for inclusion in the faculty member’s personnel file. A faculty member may be used as evidence in these grievance hearings suspended with or appeals.
Section 13.5 Management without pay based upon a recommendation by the campus president to the College President. The College President shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware notice of the alleged offense. A disciplinary action report should be offered suspension to the Employee within seven (7) calendar days District Board of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in Trustees and the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees faculty member shall be given the opportunity to have present his or her version of the controversy at the next regularly scheduled meeting of the DBOT. Dismissal of a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees faculty member shall be notified in writing by recommendation of any pre-action the College President to the District Board of Trustees, provided that no such faculty member may be dismissed without an opportunity to be heard at a public hearing after at least two (2) working 14 days (or equivalent work hours) prior to a pre-action hearing notice of the charges against the faculty member and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date time and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing; and provided further, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee charges must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to based on immorality, misconduct in office, incompetence, gross insubordination, willful neglect of duty, drunkenness, or conviction of any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employeecrime involving moral turpitude. A non-probationary Employee faculty member shall have the right to appeal have his or grieve such discipline as provided under Article 14 of this Agreement or under her union representative attend any meeting with a supervisor where disciplinary action may be taken. It is the administrative grievance procedure provided within Section 400 responsibility of the Personnel Policies and Procedure Manualfaculty member to notify the union representative. Pursuant to the provisions of Rule 6A-14.0411, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearingFAC, prior to dismissal, the City may suspend an Employee until investigation District Board of Trustees shall hold a public hearing in accordance with the incident is completed and will normally place provisions of Section 120.57, Florida Statutes, unless the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered parties mutually agree to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvealternative hearing procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.. and five (5)
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action such hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentdepartment except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human department headHuman Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, and ; 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) calendar days from management becoming aware of the alleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 1. The City reserves Employer will discipline for cause only. Discipline will be one or more of the right following forms:
a. oral reprimand
b. written reprimand
c. suspension
d. demotion, or
e. discharge
Section 2. An Employee who is to discipline be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge any non-probationary Employee within 72 hours after the action has been taken. Suspension will set forth the time period for just cause. Any such discipline or discharge which the susper\sion shall be subject effective. Demotions will state the classification to which the Grievance or Appeals Procedure, as applicableEmplbyee is demoted. In the administration of this Article, all discipline The Union shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject provided with a copy of such grievancesnotice.
Section 13.2 The City 3. Written reprimands, notices of suspension or demotion and Union agree Employees shall be treated as consistently as possible as concerns the application notices of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas discharge which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as becom� part of an investigation, Employee's personnel file shall be read and acknowledged by sign*ure of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee has shall have the opportunity to attach a reasonable belief that response to the interview may result reprimand or notice to the copy in disciplinary action against him or her, the Employee's personnel file. The Employee has will receive a copy of such reprimands and/or notices. Written reprimands will be purged from the right, upon request, Employee's personnel file and be of no effect 18 months after the date on which Employee acknowledged the reprimand.
A. Employees shall have the opportunity to request to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such present when a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) Warning is given prior to being questioned regarding a pre-action hearing and five (5) working days (possible disciplinary action, or equivalent work hours) prior to when the employee feels a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union non-▇▇▇▇▇▇▇ or representative at discussion wit� a supervisor may lead to discipline. In the hearing, 6) the name of the hearing officer.
Section 13.7 Notice case of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union non-▇▇▇▇▇▇▇ or discussiqn, if a representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided requested but cannot appear within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) yearshours, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentquestioning may proceed.
Section 13.12 5. Employees shall may not be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance noticesuspended without pay for more than sixty (60) working days in any calendar year. Stewards or other Union representatives shall also Discharges will be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include preceded by a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsfive (5) calendar day suspension without pay.
Section 13.13 It is agreed reduction 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of accrued vacation in lieu of suspension without pay is an effective means of corrective disciplinethe Employer. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, Union representatives may, at the sole discretion upon invitation of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive disciplinealso examine the personnel files.
Section 7. Only one vacation leave accrual reduction Grievances relating to this Article may be imposed during any twelveinitiated by the Union in Step 4 of the grievance procedure.
Appears in 1 contract
Sources: Labor Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, ; 5) the date management became aware of the misconduct; and 56) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) the name calendar days from management becoming aware of the hearing officeralleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 A review and discussion of the current disciplinary review process shall be conducted through the Labor Management process to be completed no later than December 31, 2017.
Section 13.8 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a 13.9 A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 13.10 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 13.11 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed completed. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and will normally place within five (5) working days of the Employee on paid administrative leave, or as soon as reasonably possible. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 13.12 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees . Any disciplinary actions overturned in the grievance or appeal procedure shall not be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsconsidered in future disciplinary actions.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 A. The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Employer shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate discipline, suspend, or discharge an employee for proper cause. The parties recognize, where practicable, the principles of progressive discipline will be implemented, except in the cases of serious or gross violation, such a meeting if management denies union representation as assault, theft, routine abuse or negligence involving district equipment/vehicles and continues to question the Employeeimmoral or indecent conduct.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with B. The Employer will notify the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified employee in writing of any pre-disciplinary penalty he/she receives. Such notice to him/her shall also set forth the reason(s) for the Employer’s action. The president may also be sent a copy of this notice. The local union president and vice president may receive copies of suspensions and termination at such time as notice is given to the employee. The local union president or vice president should be present at the time disciplinary action hearing at least two (2) working days (is imposed. This may be the request of the Employer of the Union.
C. If the Employer determines that there is or equivalent work hours) prior may be proper cause for the discharge of an employee but it wants to a pre-action hearing and review the matter further, the Employer may elect to first suspend the employee for up to five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representativesdetermination for the Employer’s final decision on the matter. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officerIf, following such a suspension, the Department Head shall make the Employer’s final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action decision is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of to give the employee and if appropriatea disciplinary layoff rather than a discharge, recommend corrective action to any days he/she is so suspended will be counted in the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 total number of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents days of his/her Human Resources personnel discipline. An employee who is discharged who elects to contest the Employer’s decision or the Union may file under appropriate supervision a written grievance beginning at Step 4 of the grievance procedure set forth in Article 7.
D. Any employee found to be unjustly suspended and/or discharged shall be reinstated with full compensation for all lost time and with reasonable advance notice. Stewards or full restoration of all other Union representatives shall also be allowed to review rights and copy the contents conditions of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. employment.
E. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from shall have the disclosure unconditional right to terminate a probationary employee. Article 7 shall not be applicable to or be utilized to protest the Employer’s termination of these recordsa probationary employee.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered F. An employee may review his/her personnel file upon making a request to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvedo so.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge 26.1 A Nurse shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Local Union ▇▇▇▇▇▇▇ representative present at any time when management is meeting with him/her for the purpose of investigation which will likely lead to discipline or dismissal and management shall inform the Nurse of this right and give him/her time to arrange for the Local Union representative to be present.
26.2 In all instances where the Employer considers that a Nurse warrants disciplinary action (not including a suspension or termination), the Employer shall take such action at a meeting with the hearing, 6) the name Nurse. The Nurse may have a representative of the hearing officerLocal Union present. The Employer will give the Nurse reasonable advance notice of the meeting. The Employer will be notified prior to the meeting, of the Nurse's intention to be accompanied by a representative of the Local Union. Where circumstances warrant an immediate meeting, the meeting may proceed should a representative from the Local Union not be readily available.
Section 13.7 Notice 26.3 In the case of a pre-action hearing means that suspension or termination, the Employee is being considered for discipline involving Nurse may elect to have a suspension without pay or demotion as representative of the Union present. The Employer will give the Nurse reasonable advance notice of the meeting. The Employer will be notified prior to the meeting, of the Nurse's intention to be accompanied by a possible representative of the Union. Where circumstances warrant an immediate meeting, the meeting may proceed should a representative from the Union not be readily available.
26.4 If the outcome of the hearing. Notice meeting results in a written warning, suspension, or demotion, the Employer shall notify the Nurse, and the President of a pre-termination hearing means that the employee is being considered for any level Local Union in writing of discipline up to and including discharge as a possible the action taken, at which point the time limits in Article 16 shall commence.
26.5 If the outcome of the hearingmeeting results in the dismissal of a Nurse the Employer shall notify the Nurse, the President of the Local Union and a Labour Relations Representative of the Union in writing of the action taken, at which point the time limits in Article 16 shall commence.
Section 13.8 Discipline above 26.6 A Nurse who has been subject to disciplinary action other than suspension may, after twelve (12) months of continuous service from the level date the disciplinary measure was invoked, request in writing that the performance file be cleared of written reprimand shall require a certified hearing officer from outside any record of the departmentdisciplinary action. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof Such request shall be upon management granted provided the Nurse's file does not contain any further record of disciplinary action during the eighteen month period, of which the Nurse is aware. The Employer shall confirm inwriting to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative Nurse that such action has been effected.
26.7 It shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior a violation of this Agreement, subject to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated grievance and arbitration procedures herein, if a Nurse is suspended or disciplined, or has the Nurse's employment terminated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Employer without just cause.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves 25.1 No Train and Engine service Employee will be disciplined without a fair and impartial hearing unless the Carrier offers a right to discipline waive investigation, as provided in section 25.5 and said waiver is accepted by the employee.
25.2 The notice of hearing will be mailed (Certified Mail, Return Receipt Requested or discharge any non-probationary Employee for just cause. Any such discipline via FedEx) or discharge shall be subject hand- delivered to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances employee within fifteen (15) days of the offense and Carrier's first knowledge of the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate act or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationoccurrence. The Union representative Carrier shall be told provide the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling Local Chairman with a copy provided to of the Employeenotice of hearing. The notice of hearing will contain information sufficient to apprise the Employee of the precise act or occurrence to be investigated. Such information will include date, time, location, assignment, and occupation of the employee at the time of the incident. The notice of hearing will also include a list of all necessary material witnesses to be called.
25.3 The hearing will be scheduled to take place within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The hearing may provide a written responsebe postponed by either party due to sickness, which shall be retained with the written Employee Counseling Recordinjury or vacation of principals or witnesses. It is understood informal counseling sessions occur from time may also be postponed due to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. Howeverunavailability of Chosen Representative, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇▇ Manager or representativeHearing Officer, chosen except for situation covered by Section 25.3. The hearing may be postponed for any reasons by mutual consent of the parties. The hearing may be adjourned to secure necessary witnesses or if it cannot be completed in a day.
25.4 Hearings will be held at the home terminal of the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action An Employee required to attend a hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to location other than at his/her home terminal will be allowed personal auto expense as outlined in Section 3.7 of this Agreement.
25.5 The Carrier may offer a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) charged employee the right to waive the investigation and accept responsibility for the charges. Such offer of waiver, if accepted by the Employee will be in writing and signed by both the Carrier and the employee. Prior to signing, the employee will be given the opportunity to allow review of said waiver by his/her Local Chairman. The waiver will contain the specific amount of discipline and conditions that will be assessed as a result of the employee waiving his/her rights to an investigation. If said waiver is declined by the employee the conditions of same shall not be used in any other forum by either party.
25.6 Employees may not be suspended pending a hearing except when the act or occurrence to be investigated is of a serious nature including: Rule G, insubordination, extreme negligence or dishonesty. Employees’ suspended while on duty will be transported to their home terminal.
25.7 The Employee may request that the Carrier provide witnesses not listed on the notice of hearing and will have the opportunity to secure the presence of witnesses in his/her own behalf. The Employee will have the right to be represented by a Union ▇▇▇▇▇▇▇ or representative at of his/her own choosing and he/she and his/her representative will have the hearing, 6) the name right to question all witnesses. The Employee and his/her representative will be provided with an accurate copy of the hearing officertranscript within fifteen (15) days of the completion of the hearing if discipline will be assessed.
25.8 The Employee must be notified within fifteen (15) days of the completion of the hearing if discipline will be assessed. The types of discipline, which may be assessed, are reprimand, deferred suspension, relevant training, actual suspension, and dismissal. The types of discipline may be assessed individually or in combination. The Employee may be required to serve deferred suspension only if he/she commits another offense for which discipline is imposed within the twelve (12) months of the first offense. Training which is required as part of discipline will be held at the home terminal or at a mutually agreed upon location of the affected employees assignment at time of discipline. If the Employee is required to travel to attend discipline training, he/she will be allowed Personal Auto Expense as outlined in Section 13.7 Notice 3.7 of a pre-action this Agreement.
25.9 If the finding of the hearing means is that the Employee is being considered not at fault, he/she will be so notified and he/she will be compensated for discipline involving the actual wages lost, if any. If no wages are lost the Employee will be compensated for the actual time spent with a suspension without pay or demotion as a possible outcome minimum of four (4) hours. In addition, the hearing. Notice Employee will be paid Dead Heading for travel from home terminal to location of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingreturn.
Section 13.8 Discipline above 25.10 If the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion finding of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where that the Employee is on paid administrative leaveat fault, appeal of discipline assessed must be made within sixty (60) days of the Department shall have sole authority date of the discipline notice. Such appeal must be made in writing by the Local Chairman or his designated representative to determine the length Carrier's highest designated appeals officer. Conference must be scheduled within fifteen (15) days of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request appeal. Written response to the appeal will be issued within thirty (30) days from the Uniondate of the conference. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part decision of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered Carrier on appeal is in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion favor of the Employee’s supervisor, he/she will be offered a vacation leave accrual reduction paid in lieu accordance with section 25.9 of suspension without paythis Section. If the appeal is denied, which, if accepted, shall the decision of the Designated Company Official will be considered a suspension without pay final and binding unless within six (6) months of such final denial the claim is disposed of on the property or proceedings for purposes final disposition of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvethe claim under the Railway Labor Act are instituted by the Employee or the duly accredited representative.
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action such hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, ; 5) the date management became aware of the misconduct; and 56) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) calendar days from management becoming aware of the alleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed completed. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and will normally place within five (5) working days of the Employee on paid administrative leave, or as soon as reasonably possible. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 8.01 The City reserves Union acknowledges the right to Company may discipline or discharge any non-probationary Employee an employee for just cause. Any such discipline or discharge shall be , subject to the Grievance or Appeals Procedure, as applicableright of the employee to grieve. In the administration of this Article, all All discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related issued to the provision of specific services employee in an equitable manner and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (of the time that the company knew or equivalent work hours) prior ought to a pre-termination hearinghave known about the infraction. The written notification Company and Union may agree to an extension of hearings the period of five (5) working days provided the employer has reasonable justification.
8.02 The standard order of discipline shall includebe as follows: • Consultation (Shall not be considered discipline therefor shall not be subject to the Grievance Procedure) • First Written Warning • Second Written Warning • One (1) general information concerning the alleged offense(s), 2) the work rule(s) violated Day Suspension • Three (if any), 3) Day Suspension • Discharge The supervisor will advise the policy or procedure(s) violated (if any), 4) the time, date and place local Union President in writing of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officerany consultation meeting.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. 8.03 A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure consultation shall be removed from the Employeeemployee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentafter six (6) months.
Section 13.12 (a) First written warnings shall be removed from the employee’s record if the employee is free from discipline for a period of six (6) months.
(b) Second written warnings shall be removed from the employee’s record if the employee is free from discipline for a period of twelve (12) months.
(c) Suspensions shall be removed from the employee’s record if the employee is free from discipline for a period of twenty-four (24) months. In cases of discipline regarding Health and Safety infractions, these warnings shall remain on an employee’s record in accordance with the above mentioned. Health and Safety disciplinary notices after this time period may be retained and used only when required in compliance with the Occupational Health and Safety Act. Culpable Absenteeism will be dealt with under the Attendance Policy.
8.04 In all cases the employee shall have a Union Committee person present when disciplinary action is administered by the Company. In cases of suspension or discharge, the disciplined employee shall have the Local Union President in attendance if available within the plant, or designate if not in the plant. Should the Local Union President fail to designate a representative during their absence or the designate is not available, the Company may select another union representative.
8.05 Employees who have been suspended and exercise their right to file a grievance shall be allowed to review and copy contents remain at work until such grievance has been dealt with through the grievance procedure as outlined in Article 6 of his/her Human Resources personnel file under appropriate supervision and the Collective Agreement. This article shall not apply when an employee is suspended for insubordination or where it is necessary to protect Company property or for the safety of other employees.
8.06 The Company reserves the right to discharge with reasonable advance notice. Stewards just cause an employee without warning or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employeeprior discipline. The written authorization shall include a statement that employee has the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees right to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsgrieve.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 The City reserves ▇. ▇▇▇▇▇ bargaining unit member is called to meet on a matter which involves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration investigation of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense facts and the Employee’s performance record, and be corrective rather than punitive (except in bargaining unit member reasonably believes the case of termination). This principle shall not apply to deliberate or serious offenses which may matter could lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesdiscipline, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief upon that the interview may result in disciplinary action against him or herbargaining unit member's request, the Employee has Hospital will allow the right, upon request, bargaining unit member to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer represented with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen Representative at the meeting. There must be just cause for all discharge or discipline issued by the Hospital.
B. The Hospital follows the general principles of progressive discipline. However, major violations ofwork rules and policies are cause for severe disciplinary action including discharge, as determined by the Hospital, regardless ofwhether previous disciplinary action has been taken.
C. Except where prohibited by law, if after an eighteen ( 18) month period oftime following the issuance of discipline there was been no discipline of a similar nature, the disciplinary notice will be removed from the Employee, present in any disciplinary hearing's personnel file upon the written request of the Employee.
▇. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇▇▇▇ a bargaining unit member's Personnel File: A Union Representative or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ may inspect material from a bargaining unit member's personnel file when such inspection is related to the investigation of a grievance, provided the Hospital has been given specific written consent for such inspection by the affected bargaining unit member(s). 2831.000/1710444.1 33. The bargaining unit member may, during normal business hours of the personnel office, review his or representative her personnel file to the extent permitted by law. The bargaining unit member shall be afforded allowed by the opportunity Supervisor or Department Head to meet privately with the hearing officer for no more than ten (10) minutes read, sign and receive copies of personal evaluations or letters of warning prior to their placement in the hearing officer meeting with management representativesbargaining unit member's personnel file. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given The bargaining unit member will receive a copy of such discipline at the time such action is takenevaluation and/or letter of warnmg. This document There shall include be no strikes, lockout, or other stoppages or interruption of work, including sympathy strikes, during the specific reasons term of this Agreement. Hospital shall provide space on a bulletin board in the immediate vicinity ofthe Laboratory. A designated Union representative·shall be responsible for such discipline such as, approximate time and location, specific work rule or regulation violated, action posting material submitted by the Union. The Union agrees that it will not post materials that are derogatory of the employee Hospital or management. Both the Union and if appropriate, recommend corrective action Hospital shall have a key to the Employeebulletin board. A non-probationary Employee The Hospital shall have not access the right bulletin board until a request has been made to appeal or grieve such discipline as provided under Article 14 the Union, in writing, and a reasonable time given for discussion. If any provision of this Agreement or under the administrative grievance procedure provided within Section 400 any application thereof is held by an agency or court of the Personnel Policies and Procedure Manualcompetentjurisdiction to be contrary to law, as appropriate.
Section 13.10 Pending a pre-action then such provision or pre-termination hearing, the City may suspend an Employee until investigation application of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee this Agreement shall be placed on either authorized personal leave deemed invalid to the extent required by such agency or leave without pay court decision, all other provisions shall continue in full force and the timeframes for investigation and the pay status determination shall be solely at management’s discretioneffect.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedures as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeeemployee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employeeemployee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeeemployee. The If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. , Employee Counseling counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, ; 5) the date management became aware of the misconduct; and 56) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) the name calendar days from management becoming aware of the hearing officeralleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 A review and discussion of the current disciplinary review process shall be conducted through the Labor Management process to be completed no later than December 31, 2017. Section 13.78 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingcases involving a written reprimand, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have may waive the right to appeal or grieve such discipline as provided under Article 14 a hearing by initialing a waiver of this Agreement or under hearing notation on the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentform.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 15.1 Employees may be disciplined or discharge any non-probationary Employee discharged for just causecause and with due process, in conformance with Sections 1.24.940 and 1.24.955 of the Tacoma Municipal Code. Any such The discipline or discharge shall will be subject to based on the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances severity of the offense and the Employeeemployee’s performance record, and prior record of discipline. The parties agree that the underlying assumption of discipline is to be corrective rather than punitive (except and progressive in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesnature.
Section 13.2 15.2 The City and Union agree Employees employee shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, entitled to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the present at any meeting and be given reasonable time to confer held with the Employee before the meeting. Employees have the right Employer to not participate in such a meeting if management denies union representation and continues to question the Employeediscuss potential disciplinary action.
Section 13.4 For minor offenses 15.3 The Employer agrees to notify the Union in writing, which may be by e-mail, as soon as practicable that an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall employee may be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with dismissal, suspension or a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented reduction in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve rank or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealspay.
Section 13.5 Management 15.4 The Employer shall make hold a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union disciplinary (▇▇▇▇▇▇▇ or representative, chosen by ▇▇▇▇) hearing after the Employee, present in any disciplinary hearing. Employees shall be employee and the Union representative are notified in writing of any pre-action the specific alleged violation, unless the employee waives the hearing at least two in writing. At this hearing, the employee will be given an opportunity to present their side of the issue.
Section 15.5 No later than three (23) working days (or equivalent work hours) prior to a the pre-action hearing disciplinary hearing, upon request, the Employer shall make available to the employee and five (5the employee's Union representative, a copy of all documents relevant to the alleged violation(s) working days (or equivalent work hours) prior to a the Employer has in its possession.
Section 15.6 The Employer may place an employee on paid administrative leave pending the final decision resulting from the pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated disciplinary (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6▇▇▇▇) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above 15.7 The employee and the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingemployee's Union representative, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officeremployee's authorization, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under inspect the administrative grievance procedure provided within Section 400 contents of the Personnel Policies and Procedure Manual, as appropriatepersonnel file maintained by the Employer.
Section 13.10 Pending 15.8 Disciplinary material shall be maintained in the official Human Resources personnel file. No disciplinary document may be placed in the personnel file without the employee having first been notified of said document and given a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leavecopy. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the The employee shall be placed on either authorized personal leave required to sign a written reprimand or leave without pay and other disciplinary action acknowledging that they have read the timeframes for investigation and contents of the pay status determination document. An employee who disagrees with the content of any letter of reprimand added to the personnel file shall have the opportunity to place a rebuttal statement in the personnel file, which shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues signed by the employee. Letters of reprimand shall not be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited subject to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure procedure. A discipline of less than a one-day suspension, at the end of a three-year period, shall not be used as the basis for progressive discipline and upon the employee’s written request to the Human Resources Director shall be removed from the Employeeemployee’s Human Resources Department file and personnel file. If the Employee’s official personnel file discipline is used as the basis for progressive discipline within his/her departmentthe three-year period, the three-year period begins with the subsequent discipline.
Section 13.12 Employees shall 15.9 A suspension in excess of two (2) days, a dismissal or a disciplinary reduction in rank or pay may be allowed processed through all steps of the grievance procedure provided for in Article 5 of this Agreement. Suspensions of two (2) days or less are not subject to review Step 5.8 of the grievance procedure, but may be processed through Section 5.7, Step 4, of Article 5 of the grievance procedure, for a final and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employeebinding decision. The written authorization shall include filing of such a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, grievance shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion voluntary and irrevocable waiver of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveright to pursue the matter under applicable Civil Service procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s the City of Tulsa Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or appeals, or be the subject of such grievancesgrievances or appeals.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union ▇▇▇▇▇▇▇ or representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union ▇▇▇▇▇▇▇ or representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not refuse to participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such the matter with the employeeEmployee. Counseling of this type shall be held in private private, away from the Operations area, between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management Employees shall make a good faith effort be allowed to complete investigations into alleged offenses review and copy contents of his/her Human Resources personnel file under appropriate supervision at any reasonable time and challenge any information maintained in the file. Stewards or other union representatives shall be allowed to provide notification review and copy the contents of hearing an Employee’s Human Resources personnel file with dated, written authorization from such Employee. Employees who wish to review their own department personnel file folder should contact any on-duty supervisor or management. With reasonable advance notice, Employees within thirty (30) calendar days from becoming aware may review their own department personnel file in the office in which they are kept and in the presence of the alleged offenseon-duty Shift Supervisor. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action No complaint which is unfounded or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management not sustained will be given additional time. The written notice shall provide the Employee with maintained in an estimated date when the process shall be completedEmployee’s personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, Employee in addition to the Union President present in any disciplinary hearing. For pre-termination hearings Employees shall have the opportunity to have an attorney present. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), ; 2) the work rule(s) violated (if any), ; 3) the policy or procedure(s) violated (if any), ; 4) the time, date and place of hearing, ; 5) the date management became aware of the misconduct; and 56) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6. The disciplinary review process including the determination of discipline shall normally be completed thirty (30) the name calendar days from management becoming aware of the hearing officeralleged misconduct. If the disciplinary review process is expected to take longer than thirty (30) calendar days, the Employee shall be given written notice including the reason for delay and the expected date that the disciplinary process may be completed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge.
Section 13.7 A review and discussion of the current disciplinary review process shall be conducted through the Labor Management process to be completed no later than December 31, 2017.
Section 13.8 Notice of a pre-action hearing means that the an Employee is being considered for discipline involving a suspension without pay written reprimand, vacation reduction, suspension, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving a written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a 13.9 A certified hearing officer from outside the departmentdepartment shall be required for disciplinary hearings. An Employee must be afforded an the opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 13.10 Discipline shall include: written reprimands, suspensions without payvacation reductions, suspensions, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline discipline, such as, approximate time and location, location of misconduct; specific work rule or regulation violated, action of the employee Employee, and if appropriate, recommend corrective action to the Employee. A non-probationary An Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 13.11 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee on paid administrative leave until investigation of the incident is completed completed. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and will normally place within five (5) working days of the Employee on paid administrative leave, or as soon as reasonably possible. In cases where the When an Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall normally be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 13.12 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees . Any disciplinary actions overturned in the grievance or appeal procedure shall not be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsconsidered in future disciplinary actions.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without paysuspended, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without paysuspension, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to may discipline or discharge any non-probationary Employee an employee for just cause. Any such discipline or discharge Investigations into disciplinary infractions shall be subject conducted as expeditiously as possible. Copies of all disciplinary reports shall be provided to the Grievance or Appeals ProcedureUnion, as applicableindicating clearly the exact nature of the matter. In the administration of this Article, all discipline Such disciplinary reports shall be reasonably expedient, progressive in nature, based upon the circumstances issued within 30 working days of the offense and date the Employee’s performance recorddisciplinary infraction became known to the management supervisor. Should the infraction investigation require more than 30 working days, and the employee will be corrective rather than punitive (except in advised through a Notice of Investigation. All Notices of Investigation shall be copied to the case Union. Should the Union or the employee be of termination). This principle shall not apply to deliberate or serious offenses which the opinion that any disciplinary action is improper, then that disciplinary action may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of a grievance and such grievancesgrievance shall be processed in accordance with the grievance procedure of this Agreement.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has 4.02.01 When a reasonable belief that the interview may result in supervisor issues a non-disciplinary action against him or herdocumented counselling, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action documentation.
4.02.02 Past disciplinary reports shall be deemed void after an employee has maintained a clear record with no disciplinary reports for a period of 24 months of active employment.
4.02.03 Where an employee is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action required to meet with a representative of the employee City and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee purpose of said meeting is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due apply discipline to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offensethat employee, the employee shall be placed on either authorized personal leave or leave without pay and entitled to have a Union representative present during such meeting, if the timeframes for investigation and employee so desires. In recognition of facilitating aspects of the pay status determination Working Relationship Agreement (WRA), wherever practicable, the employee shall be solely at management’s discretionadvised of this entitlement by the City in advance of the meeting.
Section 13.11 It is understood 4.02.04 Suspensions for full-time operators will be based on an 8-hour shift. Suspensions for a part-time operator who works less than 8 hours will be based on their regular part-time hours. Suspensions for a part-time operator who works between 8 and 10 hours will be based on an 8-hour shift. For operators not working an 8-hour shift, who are required to serve a suspension, work days may be adjusted for operational reasons. 5 Union Security 5.01 Recognition The City recognizes the Union as the sole collective bargaining agent in all matters pertaining to wages, hours of work, fringe benefits and working conditions covered by this Agreement for all employees. The parties hereby agree to negotiate with each other concerning matters covered by this Agreement affecting the relationship between the parties, aiming toward a peaceful and amicable settlement of any differences that previous disciplinary issues may arise between them. 5.02 Check-Off of Union Dues The City agrees to deduct, from the wages of all employees covered by this Agreement, union dues as shall be considered part decided by the Union, subject to the provision that the dues are in the form of a standard formula or standard dollar value for all employees in the progressive disciplinary process regardless bargaining unit. These deductions shall commence on the first day of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure pay period and shall be removed forwarded to the Union at the end of each pay period, together with a list of employees from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these recordswhom deductions have been made. The Union agrees to defend, indemnify, shall provide the City with written notification of any alteration of the dues structure at least 30 calendar days in advance and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism implementation shall be offered within the said 30 day notice. 5.03 Conformity to an Employee andthe Labour Relations Code If there is any conflict between the provisions of this Agreement and the Labour Relations Code, if accepted by an Employeeto the extent of such conflict, the Labour Relations Code shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveprevail.
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 For the purpose of this article Supervisor in the case of a school shall mean the Principal. District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of the employee. A disciplinary response is not immediately justified if the situation is beyond the employee's control. The City reserves Board has a responsibilityto inform the right employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline or discharge any non-probationary Employee and ultimately dismiss an employee for just cause. Any such discipline An employee shall have the right to have a Union representativepresent at disciplinary meetings with the Board. The Board will notify the employee in advance of a meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings. When an employee has been dismissed, the employee shall have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises. A claim by an employee for unjust suspension or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns a grievance and handled in accordance with Article commencing at The term "employee" under this section shall refer only to employees who have completed their probationary periods. The Board will verbally notify the application Union of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights any letter of individual departments and managers discipline, suspension, or discharge sent to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationmember. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and within five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon employee's receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionsaid letter.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Discipline shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline for proper cause and shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees administered as follows: Reprimands shall be treated as consistently as possible as concerns administered by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments supervising ▇▇▇▇ or Campus President and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told for the purpose of stimulating corrective action on the meeting part of the faculty member and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment preventing improper action in the future. Depending on the seriousness of the offense, counseling reprimands may take the form of a verbal or written reprimand. If a written reprimand is administered, a copy shall be provided to the faculty member and a copy shall be submitted to the Human Resources records department for inclusion in the faculty member’s personnel file. A faculty member may be used as evidence in these grievance hearings suspended with or appeals.
Section 13.5 Management without pay based upon a recommendation by the Campus President to the College President. The College President shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware notice of the alleged offense. A disciplinary action report should be offered suspension to the Employee within seven (7) calendar days District Board of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in Trustees and the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees faculty member shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ present his or representative, chosen by her version of the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative controversy at the hearing, 6) the name next regularly scheduled meeting of the hearing officer.
Section 13.7 Notice of a pre-action hearing means DBOT. Discipline that the Employee is being considered for discipline involving a results in suspension without pay may be subject to arbitration provided that the non-renewal of annual contract or demotion as the awarding of continuing contract is not subject to arbitration. Dismissal of a possible outcome faculty member shall be by recommendation of the hearing. Notice College President to the District Board of a pre-termination hearing means Trustees, provided that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must no such faculty member may be afforded dismissed without an opportunity to hear be heard at a public hearing and discuss provided further, that the charges and major supporting evidence against him/her prior to must be based on misconduct in office, gross insubordination, willful neglect of duty, or conviction of any decision being madecrime involving moral turpitude. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee faculty member shall have the right to appeal have his or grieve such discipline as provided under Article 14 of this Agreement or under her union representative attend any meeting with a supervisor where disciplinary action may be taken. It is the administrative grievance procedure provided within Section 400 responsibility of the Personnel Policies and Procedure Manualfaculty member to notify the union representative. Pursuant to the provisions of Rule 6A-14.0411, as appropriate.
Section 13.10 Pending FAC, when the College President recommends dismissal of a pre-action faculty member under continuing contract or pre-termination hearingreturns a continuing contract faculty member to an annual contract, the City may suspend an Employee until investigation College President shall notify the faculty member in writing of the incident is completed and will normally place recommendation. Within 21 days of receipt of the Employee on paid administrative leave. In cases where the Employee is on paid administrative leavePresident’s notice, the Department shall have sole authority to determine faculty member must file a petition with the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave DBOT if he or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part she elects one of the progressive disciplinary process regardless following: (1) public hearing consistent with the policies and procedures of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two the College; (2) yearsan administrative hearing as set forth in State Board of Education Rule 6A-14.0411, except in cases involving unusually serious offenses including but not limited FAC; or (3) the parties can mutually agree to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal an independent hearing procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsalternative dispute resolution process.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to may discipline or discharge any non-probationary Employee an employee for just cause. Any such discipline or discharge Notices of investigation and copies of all disciplinary reports, (excluding documented counselling sessions, which are non-disciplinary) shall be subject provided to the Grievance or Appeals Procedure, as applicableUnion indicating clearly the exact nature of same. In the administration of this Article, all Employees required to attend a meeting for discipline shall be reasonably expedient, progressive in nature, based upon the circumstances entitled to have a Union Representative present if they wish. In recognition of facilitating aspects of the offense and Working Relationship Agreement wherever practicable, the Employee’s performance recordemployee shall be advised of this entitlement by the City in advance of the meeting. Should the Union or the employee be of the opinion that any disciplinary action is improper, and be corrective rather than punitive (except in then the case of termination). This principle shall not apply to deliberate or serious offenses which disciplinary action may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of a grievance and such grievances.
Section 13.2 grievance shall be processed in accordance with the grievance procedure of this Agreement. Any employee with less than twelve 2) months of service under this Agreement may not arbitrate the termination of employment for performance related concerns. Past disciplinary reports shall be deemed void after an employee has maintained a clear record with no disciplinary reports for a period of thirty (30) months of active employment. Written reprimands shall be deemed void after a period of twenty-four (24) months of active employment. UNION SECURITY Recognition The City recognizes the Union as the sole collective bargaining agent in all matters pertaining to wages, hours of work, fringe benefits and Union working conditions for all employees covered by this Agreement. The parties hereby agree Employees to negotiate with each other concerning matters affecting the relationship between the parties, aiming toward a peaceful and amicable settlement of any differences that may arise between them. No Discrimination There shall be treated no discrimination against any employee by virtue of his being or performing his duty as consistently a member of the Union. Check-Off of Union Dues The City agrees to deduct from the wages of all employees covered by this Agreement, union dues as possible as concerns shall be decided by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal ConductUnion. This These deductions shall not preclude commence with the rights of individual departments first pay period and managers to set forth specific rules or manners of operating their work areas which are related shall be forwarded to the provision Union at the end of specific services and the mission each pay period, together with a list of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to employees from whom deductions have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationbeen made. The Union representative shall be told provide the purpose City with written notification of any alteration of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within dues structure at least thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process advance and implementation shall be completedwithin the said thirty (30)day notice.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Agreement
Discipline. Section 13.1 1. The City reserves employer shall not discipline (including discharge) an employee without just and stated cause (which shall include violation of the right to discipline or discharge any non-probationary Employee for just causeoperational rules attached hereto). Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Except as applicable. In the administration of otherwise provided in this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case imposition of terminationdiscipline against an employee, the Employer agrees to adhere to the following schedule of progressive corrective discipline:
1. Verbal Warning (documentation placed in personnel file)
2. This principle shall not apply Written reprimand (documentation placed in personnel file);
3. One day days off without pay;
4. Up to deliberate or serious offenses which may lead 10 days off without pay;
5. More severe discipline (up to an immediate demotion or and including discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances).
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing2. Employees shall be notified in writing provided written notice of any pre-disciplinary action hearing at least taken against them. A notice of a disciplinary penalty less than termination shall include the following information:
(1) Identify the misconduct.
(2) Indicate expected correction.
(3) Establish the time by which correction must be made. (if Applicable)
Section 3. Employees shall be required to acknowledge receipt of all notices of discipline by signing and dating the Employer's copy of said notice(s).
Section 4. A copy of the written notice of disciplinary action taken against an employee shall be promptly provided to the Association President.
Section 5. Prior to imposing disciplinary action against an employee, the Employer will meet with the employee in an attempt to clearly understand the situation. The employee may request the presence of an Association Representative of the Employees choice if that representative is available within 24 hours and if so requested, the Employer shall provide for an Association Representative to be present.
Section 6. The disciplined employee will be allowed to discuss her discipline with an Association Representative 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 discipline with the employee and the Representative within two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officersaid action.
Section 13.7 Notice of a pre-action hearing means that 7. Should the Employee is being disciplined employee, or the Representative, consider the discipline to be improper, the matter will be considered for discipline involving a suspension without pay or demotion as a possible outcome of under the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingGrievance Procedure (Article VII), commencing at Step 1.
Section 13.8 Discipline above 8. Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation (including field trips, provided the level driver has signed within the last four postings of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her field trips prior to any decision being made. In any pre-action her suspension or pre-termination hearing, the burden discharge) and other rights and conditions of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)employment.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.14 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from each AFSCME unit in addition to the President or designee. The City’s team shall consist of no more than five (5) representatives
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee Employee of his/her hertheir witness rights; it is the Employee’s responsibility to know and request Union representation. The Union union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The If the Employee disagrees with the written Employee Counseling Record, the Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management and/or the Human Resources Ddepartment shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee Employees must be afforded an opportunity to hear and discuss the charges and major supporting evidence against himthemhim/her prior to any decision being made. In any pre-pre- action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Eemployee and their Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial impartial, certified hearing officer from outside the department designated by the Human Resources DirectorPersonnel Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any). A disciplinary action report should be offered to the Employee within seven (7) ccalendar ddays of completion of a final pre-action or pre-termination hearing resulting in discipline or termination.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the Employee When an employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee employee has been involved with a possible criminal offense, the Personnel Director or their designee must approve the employee shall be being placed on either authorized personal administrative leave unpaid or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionpay.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverThe parties agree this principle shall not require a manager to escalate discipline due to varied, disciplinary minor offenses. Disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses offenses, including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed purged and expunged from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her hertheir department. Any disciplinary actions overturned in the grievance or appeal procedure shall not be considered in future disciplinary actions.
Section 13.12 Employees shall be allowed to review and copy contents of his/her hertheir Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The , and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism may shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall be considered non-grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedures as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeeemployee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employeeemployee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeeemployee. The If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. , Employee Counseling counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employeeemployee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial certified hearing officer from outside the department designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employeeemployee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within with Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the Employee When an employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee employee has been involved with a possible criminal offense, the Personnel Director or their designee must approve the employee shall be being placed on either authorized personal administrative leave unpaid or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionpay.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The , and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves During the right negotiations the Union expressed great concern over disciplinary disposition being issued in a timely manner. This letter will confirm the Company’s intentions to discipline or discharge any non-probationary Employee for just cause. Any render such discipline or discharge shall be subject to disposition on disciplinary matters within seven regular working days following the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances date of the offense and the Employee’s performance recorddisciplinary interview. Yours truly, and be corrective rather than punitive (except in the case of termination)Bested Manager Industrial Relations Letter 7 Local ▇▇. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Unit Chairperson, Automotive Limited Dear ▇▇. ▇▇▇▇▇▇▇: During negotiations considerable discussions has been held on thesubject of Leadhands, their method of supervision over production workers and assigned duties. Both parties the level of experience and expertise these individuals add to the daily operation of the plant. Thus the issue is not whether these individuals should be union or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior management employees but to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearinghow best their talents. The written notification Company is prepared to jointly discuss a formal method of hearings shall include: 1) general information concerning evaluating the alleged offense(s)Leadhands’ performance including their leadership abilities and/or the proper selection or deselection. is under his jurisdiction, 2) the work rule(s) violated (if any)including job instruction for employees, 3) the policy or procedure(s) violated (if any), 4) the time, date and place set up of hearingequipment, and 5) assist in the right general efficiency of the group. Although a does not have direct disciplinary authority, he shall report to have a Union his immediate supervisor if any disputes arise in his group in the areas of safety, production standards, quality, housekeeping and the general attitude of the group. A shall not discriminate against any employee under his jurisdiction. In job assignments within his group, he shall work with his supervisor in an attempt to train all posted employees to perform all tasks within the employees classification. Yours very truly, AUTOMOTIVE LIMITED Bested Manager Industrial Relations Letter 8 Local ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Unit Chairperson, Automotive Limited Dear ▇▇. ▇▇▇▇▇▇▇: Outside Contracting This letter is written to confirm the Company’s policy regarding the performance of maintenance or representative trades work with our own employees and equipment. It is that at times and for varying reasons, it is not considered practical or advisable for certain work to be performed by our own Company. The Company must, therefore, reserve the hearingright to decide how and by whom any work is to be performed and this letter is not to be regarded as affecting that right; however, 6) provided we have the name necessary facilities and equipment and can perform the work required with our own work force in a manner that is competitive in terms of cost, quality and within projected time limits, it is our intention and desire to keep such work within the hearing officer.
Section 13.7 Notice of a pre-action hearing means that Company. The will the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Skilled Trade ▇▇▇▇▇▇▇ or representative advance notice of contracting relating to work which is performed the Skilled Trade work force. No bargaining unit employee with the present skill and ability shall be afforded laid-off while work belonging to the opportunity Company is being performed by outside contractors provided that the Company has the necessary facilities and equipment and the work can be performed by such employees in a competitive manner. Yours truly, AUTOMOTIVE LIMITED Bested Manager Industrial Relations Letter # 9 ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Unit Chairperson, Local Automotive Limited Dear ▇▇. ▇▇▇▇▇▇▇: Skilled Trades Committee The company agrees that a committee composed of Skilled Trades Representatives, the Unit Chairperson and Chairpersons, along with an equal number of Company representation beestablished to deal with problemsarising in the Skilled Trades job classification. This committee will meet privately with once per month or as required to discuss issues including: lines of demarcation, outside contracting, training on present/new technology, selection and training of apprentices. It is further agreed that the hearing officer for no more than ten (10) minutes Company will continue to hire sufficient tradesmen to cover the requirements of the specific trade. To provide a full eight hours of employment, it has been, and will continue to be necessary to assign work in other It is further agreed that specific issues pertaining to one plant should be resolved within the specific group prior to being presented to the committee. An agenda will be distributed to committee members prior to the hearing officer meeting with management representativesby Industrial Relations. Hearings shall Yours truly, AUTOMOTIVE LIMITED Bested Manager Industrial Relations Mr. ▇▇▇▇ National Canadian St. Street Ontario Letter courses to upgrade skills in all aspects of Trade Union functions. Such monies will be conducted by an impartial hearing officer designated paid on a quarterly basis commencing September into a trust fund established by the Human Resources Director or designeeNational Union, and sent by the Company to the Paid Education Leave Training Fund, Box Port Ontario, It was further agreed that selectees will be granted a leave of absence without pay for twenty days of class time, plus travel time where necessary, said leave of absence to be intermittent over a twelve month period from the first day of leave. Upon conclusion Employees will continue to accrue seniority and benefits while on leave. The parties further agreed that this program, including the funding, will cease on August unless the Company agrees to the continuance. Before making this determination, the Company and Union will jointly review the progress and results of the hearing program with the National Union, six months prior to expiration of this Agreement, and evaluate such progress and results in an objective manner. Yours truly, AUTOMOTIVE LIMITED Manager Industrial Relations Letter Local ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Unit Chairperson, Automotive Limited Dear ▇▇. ▇▇▇▇▇▇▇: Safety Shoes This is to confirm the understanding between the Company and the recommendation Union, that eligible employees will be reimbursed the actual cost of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action safety shoes to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either one hundred and fifty dollars during the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion term of the Employee’s supervisorCollective Agreement. Yours very truly, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveBested Manager Industrial Relations Letter
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedures as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employeeemployee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeemployee.
Section 13.4 For minor offenses by an Employeeemployee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeeemployee. The If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. , Employee Counseling counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management and/or the Human Resources Department shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ or representative, chosen by the Employeeemployee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-pre- termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union ▇▇▇▇▇▇▇ or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, suspension without pay pay, or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-pre- termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Employee and their Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten fifteen (1015) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial certified hearing officer from outside the department designated by the Human Resources Personnel Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any). A disciplinary action report should be offered to the employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employeeemployee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided within with Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend place an Employee employee on paid administrative leave until investigation of the incident is completed and will normally place the Employee on paid administrative leavecompleted. In cases where the Employee When an employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee employee has been involved with a possible criminal offense, the Personnel Director or their designee must approve the employee shall be being placed on either authorized personal administrative leave unpaid or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionpay.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The , and that the Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall may be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall be considered non-grievable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to 14.1 Disciplinary action and discipline are defined as a letter of reprimand, demotion, suspension or discharge any non-probationary dismissal and may be imposed on an Employee for just cause. Any such The Employer shall make its decision regarding discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration soon as possible after consideration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except facts involved in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesmatter.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 a) If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has is questioned about a reasonable belief matter that the interview he reasonably believes may result in disciplinary action against him a letter of reprimand, demotion, suspension or herdismissal, the Employee has the rightshall at his request be entitled to receive advice, upon requestcounsel, to have assistance, and representation by a co-worker of his choice, Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an EmployeeRepresentative, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union ▇▇▇▇▇▇▇ within his district or representative, chosen facility. During a formal investigation conducted by the EmployeeInspector General, present in any disciplinary hearing. Employees the Employee shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior entitled to a pre-action hearing receive advice, counsel, assistance and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have representation by a Union Representative at any investigatory interview. In the event no local ▇▇▇▇▇▇▇ or representative at the hearingis available, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving may request a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ from a neighboring district/facility. Arrangements for assistance or representative representation shall not delay the proceedings.
b) The Employee will be given an opportunity to respond to the charges and allegations. A Union Representative or ▇▇▇▇▇▇▇ will be allowed to provide advice and counsel to the Employee during the meeting; however, the Employer reserves the right to allow only the Employee to respond to the questions and provide the Employee‟s account of the matter under investigation. The Employee and his Representative can ask for and be allowed to caucus for a reasonable amount of time not to exceed 15 minutes per caucus. Before a disciplinary packet is submitted to the Division Director, the Chief Administrative Officer or designee will hold a pre-disciplinary meeting with the Employee. The Employee shall be afforded informed in writing of his rights to representation before the meeting begins. The Employee will be given at least three (3) days notice of the meeting. The arrangements for this assistance or representation shall not delay the proceedings for more than three (3) business days. The purpose of the meeting is to inform the Employee of the allegations against him to allow the Employee an opportunity to meet privately prepare a response. Failure of the Employee to attend will not prevent the Chief Administrative Officer or designee from referring the matter to the Division Director.
c) The Employer will attempt to hold these meetings during the normal work time of the Employee. If this cannot be done, the meetings should be held before or immediately following the Employee‟s shift. Such time shall be considered work time.
d) The Employee will at no time withhold information pertaining to the issue at hand that could affect the operations of the State. Both parties agree all information exchanged shall be exchanged in accordance with applicable statutes, regulations and/or policies. Employees under investigation should be informed of the outcome once the investigation is complete. If an investigation results in suspension, demotion or dismissal, the Employee may request a meeting with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director appointing authority or designee. Upon conclusion Prior to the meeting, the Employee may request copies of the hearing completed investigation report, records, including existing audio and/or video recording of their investigation interview upon which discipline was based.
e) In order for the Employee to be allowed representation and assistance during a meeting, the meeting between the Employer and the recommendation Employee must be considered investigatory, with the purpose of the hearing officermeeting to investigate alleged misconduct rather than to discuss work performance. The Employee‟s right to request representation shall be based upon an Employee reasonably believing that the matter may lead to disciplinary action. The determination of reasonableness shall be based upon objective standards and a reasonable evaluation of all of the circumstances. The Employer agrees to the concept of progressive discipline. Notwithstanding this general endorsement, however, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have Employer reserves the right to appeal or grieve such discipline as provided under Article 14 impose an appropriate level of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manualdiscipline, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident for which there is completed and will normally place the Employee on paid administrative leavecause. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous some situations of a severe nature may require immediate disciplinary issues action, up to and including dismissal. Disciplinary action includes letter of reprimands, demotions, suspensions, and dismissals. Grievances and appeals of disciplinary actions are governed by the grievance procedure outlined in Article 15 and/or Rules of the Personnel Advisory Board and/or the Administrative Hearing Commission.
Section 14.3 All information exchanged during the discipline process will be exchanged in accordance with applicable statutes, regulations and/or policies. Information shared or obtained during the investigation process shall be considered part of confidential. Management and investigative staff will share information gained during this process solely with those who have a business need to know the progressive disciplinary process regardless of similarity. Howeverinformation, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file represented Employee and the Employee’s official personnel file within his/her department.Union Representative
Section 13.12 Employees 14.4 Each Employee shall be allowed to review inspect his personnel files upon written request and copy contents of his/her Human Resources personnel file under prior arrangement with the appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsstaff.
Section 13.13 It 14.5 The Union and the Employer agree that it is agreed reduction in the best interests of accrued vacation both parties to ensure that allegations made against an Employee in lieu the Bargaining Unit by an Offender, by the significant other or family member of suspension without pay is an effective means Offender, or by members of corrective disciplinethe general community are reviewed and assessed prior to initiating any disciplinary action. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism All allegations by an Offender shall be offered thoroughly investigated prior to any implementation of the discipline that is subsequently deemed appropriate. Discipline cannot be enacted based solely on the allegations of an Offender.
Section 14.6 Any person who lodges a complaint against an Employee and, if accepted by in the Bargaining Unit shall be requested to provide their name and contact information to the Employer. Complaints shall be forwarded to the appropriate level to begin the complaint process when at all possible. Failure of the person receiving the complaint to obtain the complainant‟s name shall not be a factor in determining the validity of the complaint and/or in determining whether discipline should be imposed and/or upheld against an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve.
Appears in 1 contract
Sources: Labor Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, Procedure as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix B titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employeeEmployee. Counseling of this type shall be held in private between the Employee and the supervisorsupervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union an IT/IS Unit ▇▇▇▇▇▇▇ or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union ▇▇▇▇▇▇▇ or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvetwelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.14 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from
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Sources: Collective Bargaining Agreement