Common use of Minor Discipline Clause in Contracts

Minor Discipline. 1. Within five (5) business days after receiving a Notice of Minor Disciplinary Action, the employee with his/her Union representative may request a meeting with the Senior Manager or his/her designee to review the disciplinary evidence and explore a settlement. Said meeting shall be held upon request by the Union. If the meeting process is abused, however, the matter may be brought to the attention of the Union and/or the Chief of the Labor and Employee Relations Unit for appropriate action. 2. Within ten (10) business days after receiving a Notice of Minor Disciplinary Action, the employee may request a hearing. The request for a hearing must be in writing. The hearing shall be held within twenty-five (25) business days of the receipt of the request, unless mutually agreed otherwise. If no hearing is requested within 10 (ten) business days, the hearing is deemed waived and a Final Notice of Disciplinary Action shall be issued and discipline shall be imposed. 3. The employee may be represented at the hearing by a Union representative designated by the local. The Judiciary shall issue a decision and furnish the employee and the Union with a Final Notice of Disciplinary Action within twenty (20) business days after the hearing, or such additional time as may be agreed to by the parties. 4. Any hearing involving discipline shall be conducted and determined by an impartial hearing officer, designated in accordance with this article, who is not personally involved with the facts of the dispute or otherwise involved in a manner that could negatively impact on such officer’s ability to be impartial. 5. Hearings shall be conducted in the location where the discipline occurred. 6. Hearings of minor discipline shall be conducted by a local hearing officer. Local hearing officers shall be selected by the TCA or his/her designee, or in the case of a Central Office employee, by Counsel to the Administrative Director or his/her designee. A list of locally designated hearing officers shall be provided to the Union by the AOC and regularly updated. 7. The scheduling of said hearing will be mutually agreed between management, the hearing officer and the Union. 8. If for good cause, the employee, the Union or management requests an adjournment of the disciplinary hearing, the adjournment shall not be unreasonably denied; provided, however, that the parties agree upon a set of new hearing dates and confirm same with the hearing officer prior to the dates of the scheduled hearing or as soon thereafter as possible and provided further that the new hearing date shall be peremptory. If a peremptory new date is not confirmed by the Union and employee by the date of the initially scheduled hearing, then management may impose the discipline even though a departmental hearing has not yet occurred. Imposition of a suspension is subject to the result of the hearing process which can include a back-pay award in whole or in part. If, however, management fails to provide the Union with timely, requested discovery materials ten (10) business days prior to the hearing, or if a key witness is unavailable, the Union may request and be granted an adjournment with no imposition of the proposed discipline. Adjournments shall be requested from the Counsel’s Office, in the case of an AOC hearing, and from the local hearing officer in the case of a vicinage hearing. 9. Hearing officers shall make findings of fact and issue an advisory recommendation to the Appointing Authority. A copy of the hearing officer’s decision will be provided to the parties 10. Classified employees may appeal this decision to the Civil Service Commission in accordance with Civil Service Commission regulations. 11. Minor discipline is not subject to the grievance provisions in this contract. Minor discipline is subject to the advisory arbitration procedures in section 12 below.

Minor Discipline. 1. Within a. Minor discipline shall include: (a) a written reprimand; and (b) suspension of up to five (5) business days after receiving a Notice of Minor Disciplinary Action, the employee with his/her Union representative may request a meeting with the Senior Manager or his/her designee to review the disciplinary evidence and explore a settlement. Said meeting shall be held upon request by the Union. If the meeting process is abused, however, the matter may be brought to the attention of the Union and/or the Chief of the Labor and Employee Relations Unit for appropriate actiondays. 2. Within ten (10) business days after receiving a Notice of Minor Disciplinary Action, the employee may request a hearing. The request for a hearing must be in writing. The hearing shall be held within twenty-five (25) business days of the receipt of the request, unless mutually agreed otherwise. If no hearing is requested within 10 (ten) business days, the hearing is deemed waived and a Final Notice of Disciplinary Action shall be issued and discipline shall be imposed. 3. The employee may be represented at the hearing by a Union representative designated by the local. The Judiciary shall issue a decision and furnish the employee and the Union with a Final Notice of Disciplinary Action within twenty (20) business days after the hearing, or such additional time as may be agreed to by the parties. 4. Any hearing involving discipline shall be conducted and determined by an impartial hearing officer, designated in accordance with this article, who is not personally involved with the facts of the dispute or otherwise involved in a manner that could negatively impact on such officer’s ability to be impartial. 5. Hearings shall be conducted in the location where the discipline occurred. 6. Hearings b. Departmental hearings of minor discipline shall be conducted by a local departmental hearing officer. Local hearing officers shall be selected by the TCA or his/her designee, or in the case of a Central Office employee, by Counsel to the Administrative Director or his/her designee. A list of locally designated hearing officers shall be provided to the Union by the AOC and regularly updated. 7. The scheduling of said hearing departmental hearings will be mutually agreed between upon by management, the departmental hearing officer and the Unionunion. Hearings may be conducted virtually where both parties agree, or when a public health emergency as declared by the Governor creates restrictions on in-person meetings. If such declaration by the Governor is rescinded or otherwise amended to allow for in person meetings, the parties shall continue the hearing in person, unless they otherwise agree. 8c. Advisory Arbitration of Minor Discipline i. Advisory arbitration of minor discipline shall be available only to unclassified employees, and shall be limited to appeals of minor discipline involving suspensions of five (5) days or less. If Written reprimands may not be appealed to advisory arbitration. The objective is for good cause, the employee, arbitrator to review cases in an efficient and expedient manner. ii. Appeals to advisory arbitration shall be made through the Union. Only the Union or management requests an adjournment will have the right to arbitrate a minor disciplinary action. iii. The Union may appeal, within thirty (30) calendar days of receipt of the disciplinary hearingfinal determination, by way of written notice to Counsel's Office. iv. The arbitrator is selected on a rotation basis from a panel of arbitrators mutually acceptable to labor and management. Arbitrators will be reviewed and selected on an annual basis. The arbitrator is selected on a rotation basis from a panel of arbitrators mutually acceptable to labor and management. Arbitrators will be reviewed and selected on an annual basis. The current arbitrators are ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇. v. The advisory arbitration will be scheduled on a regular basis. The advisory arbitration may be held regionally. No more than one (1) day may be spent on any one case with each party having a maximum of three (3.0) hours for presentation of their case. The time frame for advisory arbitrations will be evaluated at the adjournment shall not be unreasonably denied; provided, however, that the parties agree upon a set of new hearing dates and confirm same with the hearing officer prior to the dates end of the scheduled hearing or as soon thereafter as possible contract in an effort to effectively and provided further that efficiently streamline the new hearing date shall informal process. vi. Written statements of no more than 5 pages may be peremptory. If a peremptory new date is not confirmed by the Union and employee by the date of the initially scheduled hearing, then management may impose the discipline even though a departmental hearing has not yet occurred. Imposition of a suspension is subject to the result of the hearing process which can include a back-pay award in whole or in part. If, however, management fails to provide the Union with timely, requested discovery materials ten submitted no later than five (105) business days prior to the arbitration. vii. Appeals will be heard within sixty (60) days of assignment of an arbitrator. viii. The hearing will determine whether the discipline was imposed in accordance with the just cause provisions of Section 9.3 in the contract. The hearing will be limited to the charges sustained at the local level. Prior to the hearing, the parties will confer in order to clarify or if narrow the issues being appealed as may be appropriate. ix. Parties shall have the right to introduce a key reasonable number of witnesses and present documentary evidence. A necessary witness who is unavailable, the Union may request and be granted an adjournment with no imposition employee of the proposed discipline. Adjournments shall Judiciary will be requested from permitted to appear without loss of pay for the Counsel’s Office, in the case time of an AOC hearing, appearance and from the local hearing officer in the case of a vicinage hearingtravel time as required. 9. Hearing officers x. The arbitrator shall make findings of fact and issue render an advisory recommendation to decision at the Appointing Authority. A copy conclusion of the hearing accepting, rejecting, or modifying the local departmental hearing officer’s 's decision with a concise statement of reason(s). xi. The advisory decision of the arbitrator will be provided presented to the parties 10. Classified employees may appeal this decision to the Civil Service Commission in accordance with Civil Service Commission regulationsAdministrative Director or their designee. 11xii. Minor discipline is Prior to issuing a final decision not subject to accept an advisory decision, in whole or in part, the grievance provisions in this contractAdministrative Director or their designee, will meet with the Union to discuss that decision. xiii. Minor discipline is subject to If the Administrative Director or their designee does not accept an advisory arbitration procedures decision, in section 12 belowwhole or in part, the final decision shall be accompanied by a written explanation of why it was not accepted. xiv. The Judiciary and the Union will split the cost of the arbitration equally. If the arbitrator hears cases involving employees from other unions, the cost of the arbitrator shall be prorated based on the length of the matter(s) heard that day. xv. There will be no AOC hearing for minor discipline brought by a vicinage.

Minor Discipline. 1. Within Minor Discipline shall consist of those minor violations, which may result in a recommendation to the Department Head for a short-term suspension not exceeding five (5) business days after receiving days. Informal reprimands should be documented by each manager and thoroughly discussed with the offending supervisor, and a Notice of Minor Disciplinary Actioncopy sent to the Association. In the event the supervisor wishes to appeal the reprimand, the employee with his/her Union representative he may request a meeting hearing, which shall be granted in accordance with procedures outlined in this Article. No penalty which arises out of Minor Discipline shall be imposed without the concurrence of the respective Department Head and the opportunity to appeal. In the exercise of Minor Discipline, the supervisor who is alleged to be guilty of violations of rules, regulations, or procedures shall be served with a formal notice and specification of the alleged violation, which shall hereafter be referred to as "Advisory Notice of Disciplinary Action." The supervisor involved in a Minor Disciplinary Action shall be advised of the date, time and place of the hearing of the charges. The hearing notice shall be served upon the supervisor no less than five (5) days in advance of the date fixed for the hearing. The date of the hearing may be changed by mutual consent. The supervisor shall be entitled to and may select representation of his own choice. In all cases, the Association shall receive a copy of the Advisory Notice of Disciplinary Action and the Association Representatives shall be invited to attend the hearing, notwithstanding the fact that the supervisor may have elected to be represented by a non-Association member, or a person having no affiliation with the Senior Association, or the negotiating unit. As a respondent, the supervisor involved shall be entitled to request in his defense such witnesses as he may wish to have present; the right of cross-examination of all witnesses and the right to have made available to him such records, files, and documents as he may consider necessary to his defense. Upon the hearing of all testimony and a review of all records and documents in evidence, the Hearing Officer, who shall be a Division Manager in hearings involving Toll Collection, a Division Manager or his/her designee to review Superintendent in hearings involving Maintenance, shall render a decision in no more than forty-five (45) days after the disciplinary evidence conclusion of the hearing or hearings. Following approval of the determination by the Department Head, the supervisor or supervisors and explore a settlement. Said meeting the Association involved shall be held upon request advised of the findings. Any supervisor who is found guilty of violation of the rules, regulations, or procedures, shall have the right to appeal in writing to the Executive Director within five (5) days next succeeding the judgment rendered by the UnionHearing Officer. If A decision on the meeting process is abused, however, the matter may appeal shall be brought to the attention of the Union and/or the Chief of the Labor and Employee Relations Unit for appropriate action. 2. Within rendered within ten (10) business working days after receiving a Notice receipt of Minor Disciplinary Actionappeal. In the event the decision of the Executive Director is unsatisfactory, the employee Association may request a hearingsubmit the matter to binding arbitration pursuant to the rules of the Public Employment Relations Commission. The request All requests for a hearing must be in writing. The hearing binding arbitration shall be held filed within twenty-five (25) business days of the receipt of the request, unless mutually agreed otherwise. If no hearing is requested within 10 (ten) business days, the hearing is deemed waived and a Final Notice of Disciplinary Action shall be issued and discipline shall be imposed. 3. The employee may be represented at the hearing by a Union representative designated by the local. The Judiciary shall issue a decision and furnish the employee and the Union with a Final Notice of Disciplinary Action within twenty (20) business days after the hearing, or such additional time as may be agreed to by the parties. 4. Any hearing involving discipline shall be conducted and determined by an impartial hearing officer, designated in accordance with this article, who is not personally involved with the facts of the dispute or otherwise involved in a manner that could negatively impact on such officer’s ability to be impartial. 5. Hearings shall be conducted in the location where the discipline occurred. 6. Hearings of minor discipline shall be conducted by a local hearing officer. Local hearing officers shall be selected by the TCA or his/her designee, or in the case of a Central Office employee, by Counsel to the Administrative Director or his/her designee. A list of locally designated hearing officers shall be provided to the Union by the AOC and regularly updated. 7. The scheduling of said hearing will be mutually agreed between management, the hearing officer and the Union. 8. If for good cause, the employee, the Union or management requests an adjournment of the disciplinary hearing, the adjournment shall not be unreasonably denied; provided, however, that the parties agree upon a set of new hearing dates and confirm same with the hearing officer prior to the dates of the scheduled hearing or as soon thereafter as possible and provided further that the new hearing date shall be peremptory. If a peremptory new date is not confirmed by the Union and employee by the date of the initially scheduled hearing, then management may impose the discipline even though a departmental hearing has not yet occurred. Imposition of a suspension is subject to the result of the hearing process which can include a back-pay award in whole or in part. If, however, management fails to provide the Union with timely, requested discovery materials ten (10) business days prior after receipt of the decision of the Executive Director. Copy of said request shall be given to the hearing, or if a key witness is unavailable, the Union may request and Authority. The cost of arbitration shall be granted an adjournment with no imposition borne equally by both parties. The decision rendered at any of the proposed discipline. Adjournments shall be requested from the Counsel’s Office, in the case of an AOC hearing, and from the local hearing officer in the case of a vicinage hearing. 9. Hearing officers shall make findings of fact and issue an advisory recommendation to the Appointing Authority. A copy levels of the hearing officer’s decision will and/or arbitration, as set forth above, shall be provided to the parties 10. Classified employees may deemed final and binding, unless appeal this decision to the Civil Service Commission in accordance with Civil Service Commission regulationsis taken therefrom as herein above provided. 11. Minor discipline is not subject to the grievance provisions in this contract. Minor discipline is subject to the advisory arbitration procedures in section 12 below.

Minor Discipline. (1. ) Within five (5) business days after receiving a Notice of Minor Disciplinary Action, the employee with his/her Union representative may request a meeting with the Senior Manager or his/her designee to review the disciplinary evidence and explore a settlement. Said meeting shall be held upon request by the Union. If the meeting process is abused, however, the matter may be brought to the attention of the Union and/or the Chief of the Labor and Employee Relations Unit for appropriate action. (2. ) Within ten (10) business days after receiving a Notice of Minor Disciplinary Action, the employee may request a hearing. The request for a hearing must be in writing. The hearing shall be held within twenty-five fifteen (2515) business days of the receipt of the request, unless mutually agreed otherwise. If no hearing is requested within 10 (ten) business days, the hearing is deemed waived and a Final Notice of Disciplinary Action shall be issued and discipline shall be imposed. (3. ) The employee may be represented at the hearing by a Union representative designated by the localor representatives as defined in 9.4 above. The Judiciary shall issue a decision and furnish the employee and the Union with a Final Notice of Disciplinary Action within twenty (20) business days after the hearing, or such additional time as may be agreed to by the parties. (4. ) Any hearing involving discipline shall be conducted and determined by an impartial hearing officer, designated in accordance with this article, who is not personally involved with the facts of the dispute or otherwise involved in a manner that could negatively impact on such officer’s ability to be impartial. (5. ) Hearings shall be conducted in the location where the discipline occurred. (6. ) Hearings of minor discipline involving written reprimands shall be conducted by a local hearing officer. Local hearing officers . (7) Hearings of minor discipline involving suspensions shall be selected conducted by a hearing officer assigned from the TCA or his/her designee, or in the case of a Central Office employee, by Counsel to the Administrative Director or his/her designee. A list of locally designated hearing officers shall be provided to the Union by the AOC and regularly updated. 7Counsel’s Office. The scheduling of said hearing will be mutually agreed between management, the hearing officer and the Unionunion. 8. (8) If for good cause, the employee, employee or the Union or management requests an adjournment of the disciplinary hearing, the adjournment shall not be unreasonably denied; provided, however, that the parties agree upon a set of new hearing dates and confirm same with the hearing officer prior to the dates of the scheduled hearing or as soon thereafter as possible and provided further that the new hearing date shall be peremptory. If a peremptory new date is not confirmed by the Union and employee by the date of the initially scheduled hearing, then management may impose the discipline even though a departmental hearing has not yet occurred. Imposition of a suspension is subject to the result of the hearing process which can include a back-back- pay award in whole or in part. If, however, management fails to provide the Union with timely, requested discovery materials ten (10) business days prior to the hearing, or if a key witness is unavailable, the Union may request and be granted an adjournment with no imposition of the proposed discipline. Adjournments shall be requested In exceptional circumstances, other than as described herein, the Union may explain a need and request a short adjournment from the Counsel’s Office, in the case of an AOC hearing, and from the local hearing officer in the case of a vicinage hearing. (9. ) Hearing officers shall make findings of fact and issue an advisory recommendation to the Appointing Authority. A copy of the hearing officer’s decision will be provided to the parties. The Appointing Authority or designee shall issue a final written determination. The Appointing Authority or designee can accept, reject or modify the hearing officer’s decision. If the hearing officer’s decision is modified or rejected, the Appointing Authority or designee shall explain why in the final written determination. (10. ) Classified employees may appeal this decision to the Civil Service Commission Merit System Board in accordance with Civil Service Commission Department of Personnel regulations. (11) Unclassified employees may, through the Union, appeal minor discipline that includes suspension to advisory arbitration on a pilot basis for the term of the contract. It is the intention of the parties to implement advisory arbitration of minor discipline no later than July 1, 2009. Therefore, negotiations shall continue with respect to the specific procedures for implementation of the pilot. (12) Minor discipline is not subject to the grievance or advisory arbitration provisions in this contract. Minor discipline is subject to the advisory arbitration procedures , except as outlined in section 12 below(11) above.

Minor Discipline. 1When the Court has decided to take disciplinary action consisting of a suspension without pay for five days or fewer (or written reprimand), the affected employee shall be given written notice of the disciplinary action. The notice of disciplinary action shall include (a) the action taken, the date it will be effective, and the specific grounds and particular facts upon which the disciplinary action is being taken; (b) the materials upon which the action is based or a statement indicating where the materials upon which the action is based are available for inspection, or a combination of the two; and (c) a statement informing the employee of his or her right to appeal in the manner set forth in this Article. Step One Within 10 calendar days of the date the employee received the disciplinary notice, the employee, or the Union, may file a written appeal with the employee’s Division Manager. The employee, or the Union, may skip Step One if the Division Manager imposed and signed the disciplinary notice. The Division Manager shall schedule a meeting with the employee and his/her union representative, within five (5) business calendar days, to discuss the appeal. Within 10 calendar days after receiving a Notice of Minor Disciplinary Actionthat meeting, or such longer period as the Division Manager may determine is required to investigate the matter, the Division Manager shall provide the employee with and his/her union representative with a written response to the appeal. Step Two If the employee or the Union representative is not satisfied with the step one response, an appeal to the Chief Human Resources Officer or Chief Operations Officer may request be filed. The appeal must be submitted within 10 calendar days of the step one response and shall consist of the employee’s, or the Union’s, step one appeal, the step one response, and a statement from the employee or the Union explaining the disagreement with the step one response. The Chief Human Resources Officer or Chief Operations Officer shall schedule a meeting with the Senior Manager or employee and his/her designee union representative, within five calendar days, to review discuss the disciplinary evidence appeal. Within 10 calendar days after that meeting, or such longer period as the Chief Human Resources Officer or Chief Operations Officer may determine is required to investigate the matter, the Chief Human Resources Officer or Chief Operations Officer shall provide the employee and explore his/her union representative with a settlementwritten decision regarding the appeal. Said meeting Step Three If the employee or the Union is not satisfied with the step two response, an appeal to the Court Executive Officer may be filed. The appeal must be submitted within ten (10) calendar days of the step two response and shall be held upon request by consist of the employee’s, or the Union. If the meeting process is abused’s, howeverstep one and two appeals, the matter may be brought to step one and two responses, and a statement from the attention of employee or the Union and/or explaining the Chief of disagreement with the Labor step two response. The Court Executive Officer shall schedule a meeting with the employee and Employee Relations Unit for appropriate action. 2his/her union representative within five (5) calendar days to discuss the appeal. Within ten (10) business calendar days after receiving that meeting, or such longer period as the Court Executive Officer may determine is required to investigate the matter, the Court Executive Officer shall provide the employee and his/her Union representative with a Notice written decision regarding the appeal. The step three decision shall be final and binding. If a timely appeal is not filed to any step contained in this article, the right to appeal is waived. If an employee has received a written reprimand, and elects not to appeal or is not satisfied with the outcome of Minor Disciplinary Actionan appeal, the employee may request submit a hearing. The request for a hearing must written response to the reprimand, which will be maintained in writing. The hearing shall be held within twenty-five (25) business days of the receipt of the request, unless mutually agreed otherwise. If no hearing is requested within 10 (ten) business days, the hearing is deemed waived and a Final Notice of Disciplinary Action shall be issued and discipline shall be imposed. 3. The employee may be represented at the hearing by a Union representative designated by the local. The Judiciary shall issue a decision and furnish the employee and the Union with a Final Notice of Disciplinary Action within twenty (20) business days after the hearing, or such additional time as may be agreed to by the parties. 4. Any hearing involving discipline shall be conducted and determined by an impartial hearing officer, designated in accordance with this article, who is not personally involved employee’s personnel file along with the facts of the dispute or otherwise involved in a manner that could negatively impact on such officer’s ability to be impartial. 5reprimand. Hearings shall be conducted in the location where the discipline occurred. 6. Hearings of minor discipline shall be conducted by a local hearing officer. Local hearing officers shall be selected by the TCA or his/her designee, or in the case of a Central Office employee, by Counsel to the Administrative Director or his/her designee. A list of locally designated hearing officers shall be provided to the Union by the AOC and regularly updated. 7. The scheduling of said hearing will be mutually agreed between management, the hearing officer and the Union. 8. If for good cause, the employee, the Union or management requests an adjournment of the disciplinary hearing, the adjournment shall not be unreasonably denied; provided, however, that the parties agree upon a set of new hearing dates and confirm same with the hearing officer prior to the dates of the scheduled hearing or as soon thereafter as possible and provided further that the new hearing date shall be peremptory. If a peremptory new date is not confirmed by the Union and employee by the date of the initially scheduled hearing, then management may impose the discipline even though a departmental hearing has not yet occurred. Imposition of a suspension is subject to the result of the hearing process which can include a back-pay award in whole or in part. If, however, management fails to provide the Union with timely, requested discovery materials ten (10) business days prior to the hearing, or if a key witness is unavailable, the Union may request and be granted an adjournment with no imposition of the proposed discipline. Adjournments shall be requested from the Counsel’s Office, in the case of an AOC hearing, and from the local hearing officer in the case of a vicinage hearing. 9. Hearing officers shall make findings of fact and issue an advisory recommendation to the Appointing Authority. A copy of the hearing officer’s decision will be provided to the parties 10. Classified employees may appeal this decision to the Civil Service Commission in accordance with Civil Service Commission regulations. 11. Minor discipline is not subject to the grievance provisions in this contract. Minor discipline is subject to the advisory arbitration procedures in section 12 below.Major Discipline