Minor Discipline. a. The appeal procedure as defined in this Section shall be the exclusive procedure for resolving disputes regarding minor discipline as defined in b. below and shall supersede all other pre-existing procedures. b. Where an appointing authority or designee takes a disciplinary action of a suspension without pay for five days or less (excluding formal reprimands) or up to a five percent reduction in pay for five months or less (excluding formal reprimands), the appointing authority or designee shall give the employee written notice of the proposed action. This notice shall be served personally or by regular first class US mail to the employee at least five working days prior to the effective date of the proposed discipline. The notice shall include: (1) A statement of the nature of the discipline. (2) The effective dates of the action. (3) The reasons for the action in ordinary language. (4) A statement advising the employee that he/she may answer orally or in writing. (5) A statement advising the employee of the time within which an appeal must be filed, and the name of the person specified by the State to whom the appeal must be filed. (6) A copy of all materials upon which the action is based. (7) A statement of the employee’s right to respond to a representative of the appointing authority who has the authority to make or recommend a final disciplinary action. c. The failure of the appointing authority to comply with the notification requirements in b.(1), (2), (3), (4), (5), (6), and (7) above, will not affect the validity of the action and will refile the charges. At anytime before an employee’s appeal is submitted to the adjudication process, the appointing authority may amend the action. d. The appellant’s representative shall have the right to interview others having knowledge of the acts or omissions upon which the Adverse Action is based. e. Any appeal of minor discipline must be filed in writing and received by the person specified by the State in b.(5) above within ten calendar days of the service of the discipline notice. The remedy requested shall be limited to the recision or modification of the discipline imposed. f. An appeal meeting with the appellant and the person specified in b. (7) above shall occur within ten calendar days of the service of discipline notice if requested in the appeal. The purpose of this meeting is to provide the appellant or his/her representative the opportunity to respond to the charges and to present all documents that will be submitted if appealed through this adjudication process. (1) If an appeal meeting occurs, the person specified in b.(7) above shall give the appellant a decision within seven calendar days of the appeal meeting. If no appeal meeting occurs, the person designated by the Department shall respond in writing to the appeal no later than 14 calendar days after receipt of the appeal. g. If the appeal is not resolved within 14 calendar days after receipt of the Department response, CAHP may appeal the decision by submitting a written request to DPA. If the CAHP elects not to appeal on behalf of an employee, an employee shall have the right to appeal a minor discipline on his/her own behalf utilizing the procedure described herein without the involvement of the CAHP. In such a case, the employee shall bear half the cost of the adjudicator. h. Failure to appeal the discipline within the deadlines specified above renders the grievance void and it shall be dismissed with prejudice.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Minor Discipline. a. The appeal procedure as defined in this Section shall be the exclusive procedure for resolving disputes regarding minor discipline as defined in b. below and shall supersede all other pre-existing procedures.
b. Where an appointing authority or designee takes a disciplinary action of a suspension without pay for five days or less (excluding formal reprimands) or up to a five percent reduction in pay for five months or less (excluding formal reprimands), the appointing authority or designee shall give the employee written notice of the proposed action. This notice shall be served personally or by regular first class US mail to the employee at least five working days prior to the effective date of the proposed discipline. The notice shall include:
(1) A statement of the nature of the discipline.
(2) The effective dates of the action.
(3) The reasons for the action in ordinary language.
(4) A statement advising the employee that he/she may answer orally or in writing.
(5) A statement advising the employee of the time within which an appeal must be filed, and the name of the person specified by the State to whom the appeal must be filed.
(6) A copy of all materials upon which the action is based.
(7) A statement of the employee’s right to respond to a representative of the appointing authority who has the authority to make or recommend a final disciplinary action.
c. The failure of the appointing authority to comply with the notification requirements in b.(1), (2), (3), (4), (5), (6), and (7) above, will not affect the validity of the action and will refile the charges. At anytime before an employee’s appeal is submitted to the adjudication process, the appointing authority may amend the action.
d. The appellant’s representative shall have the right to interview others having knowledge of the acts or omissions upon which the Adverse Action is based.
e. Any appeal of minor discipline must be filed in writing and received by the person specified by the State in b.(5) above within ten calendar days of the service of the discipline notice. The remedy requested shall be limited to the recision or modification of the discipline imposed.
f. An appeal meeting with the appellant and the person specified in b. (7b.(7) above shall occur within ten calendar days of the service of discipline notice if requested in the appeal. The purpose of this meeting is to provide the appellant or his/her representative the opportunity to respond to the charges and to present all documents that will be submitted if appealed through this adjudication process.
(1) If an appeal meeting occurs, the person specified in b.(7) above shall give the appellant a decision within seven calendar days of the appeal meeting. If no appeal meeting occurs, the person designated by the Department shall respond in writing to the appeal no later than 14 calendar days after receipt of the appeal.
g. If the appeal is not resolved within 14 calendar days after receipt of the Department response, CAHP may appeal the decision by submitting a written request to DPA. If the CAHP elects not to appeal on behalf of an employee, an employee shall have the right to appeal a minor discipline on his/her own behalf utilizing the procedure described herein without the involvement of the CAHP. In such a case, the employee shall bear half the cost of the adjudicator.
h. Failure to appeal the discipline within the deadlines specified above renders the grievance void and it shall be dismissed with prejudice.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Labor Contract, Collective Bargaining Agreement