Common use of PROCEDURE FOR ABUSE AND NEGLECT CHARGES Clause in Contracts

PROCEDURE FOR ABUSE AND NEGLECT CHARGES. Employees who commit abuse or neglect (hereinafter “abuse”) which is proved by an investigating state regulatory agency or by an investigation duly performed by the employer, may be terminated immediately. The Parties recognize, however, that compelling evidence of abuse is sometimes difficult to obtain. Accordingly, the Parties adopt the following standard. The Union and the Employer agree that any charge of abuse shall be reported to the appropriate state or local authorities as required by law. Any employee accused of abuse may be placed on administrative leave pending the results of any such governmental investigation. In the event a governmental agency investigates a report of abuse/neglect and reaches a conclusion upon the allegations, the Employer’s disciplinary decision, if any, shall be governed by such conclusion. If an investigating agency should conclude there was sufficient evidence to confirm a charge requiring termination of the employee, the employee shall be terminated. If an investigating agency should find the charge to be unfounded, the employee shall be reinstated and shall be paid the difference between minimum wage and the employee’s usual wage, less interim earnings or unemployment compensation benefits, for any lost time incurred as a result of the Employer’s investigation or the Employer’s voluntary decision to decline immediate reinstatement pending the results of an agency investigation. Should an employee be terminated or lose licensure on the basis of a governmental investigation, the Union may withdraw the grievance or choose to advance the grievance to arbitration. Without prejudice to timeliness, the Parties may agree in writing to hold the grievance in abeyance, pending the outcome of any conclusive action by the regulatory body.

PROCEDURE FOR ABUSE AND NEGLECT CHARGES. Employees who commit abuse or neglect (hereinafter “abuse”) which is proved by an investigating state regulatory agency or by an investigation duly performed by the employerEmployer, may be terminated immediately. The Parties recognize, however, that compelling evidence of abuse is sometimes difficult to obtain. Accordingly, the Parties adopt the following standard. : The Union and the Employer agree that any charge of abuse shall be reported to the appropriate state or local authorities as required by law. Any employee accused of abuse may be placed on administrative leave pending the results of any such governmental or Employer investigation. In The Employer shall investigate every allegation of abuse and/or neglect. If the event a governmental agency investigates a report of abuse/neglect and reaches a conclusion upon Employer should find the allegationscharge to be unfounded, the Employer’s disciplinary decision, if any, employee shall be governed reinstated and shall be paid the difference between the employee’s regular rate, reduced by such conclusionthe amount of unemployment insurance benefits received by the employee and any leave without pay utilized by the employee during the term of their suspension. To be eligible for back compensation, the employee shall be required to apply for unemployment insurance benefits and shall be notified by the employer of this requirement in writing at the time of the suspension. Any back compensation received by the employee will be determined based on the average number of hours worked per week by the employee for the preceding ninety (90) days prior to placement of the employee on Administrative Leave and will only be determined after resolution of the unemployment insurance administrative process. If an investigating agency should subsequently conclude there was sufficient evidence to confirm a charge requiring termination of the employee, the employee shall be terminated. If an investigating agency should find the charge to be unfounded, the employee shall be reinstated and shall be paid the difference between minimum wage and the employee’s usual wage, less interim earnings or unemployment compensation benefits, for any lost time incurred as a result of the Employer’s investigation or the Employer’s voluntary decision to decline immediate reinstatement pending the results of an agency investigation. Should an employee be terminated or lose licensure on the basis of a governmental investigation, the Union may withdraw the grievance or choose to advance the grievance to arbitration. Without prejudice to timeliness, the Parties may agree in writing to hold the grievance in abeyance, pending the outcome of any conclusive action by the regulatory body.