Corrective Action. Section 1. No non-probationary employee shall be disciplined, reduced in pay, suspended or discharged except for just cause. Section 2. Except in instances where the employee is found guilty of a felony, discipline will be applied in a corrective and progressive manner in accordance with the Employer’s Policy. Section 3. Prior to any disciplinary action taking place that may result in reduction in pay or rank, suspension or termination, the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be given an opportunity to respond to the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meeting. The employee shall be advised in writing that he/she is entitled to Union representation at the informal meeting. Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation. A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline. B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminated. Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct. Section 6. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary. Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section 1A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. Corrective action may include oral and written reprimands, reduction in pay, suspension or dismissal.
B. No non-probationary employee shall be disciplined, reduced in pay, suspended or discharged disciplined (except for just causeoral and written reprimands) without a pre-disciplinary meeting unless the employee specifically waives the meeting in writing. Pre-disciplinary meetings shall be conducted by the Department Head or designee. In cases of serious misconduct, an employee may be suspended without pay pending a pre-disciplinary meeting. Such suspensions shall be subject to the grievance procedure.
Section 2C. Discipline must be issued to an employee within fifty (50) work days of the date the supervisor becomes aware of the precipitating incident. Except However, this is not required in cases involving violations of Administrative Regulations 25 (Sexual Harassment), 49 (Workplace Violence), or 55 (Offensive/Derogatory Comments), this time frame will be up to eight-five (85) working days. In cases involving an investigation by a law enforcement agency, there will be no time limit for completion of the investigation. Written reprimands must be issued within 25 workdays of the supervisor becoming aware of the incident leading to the written reprimand. In instances where a verbal or written reprimand results from a pre-disciplinary meeting, the employee is found guilty of a felonytwenty-five (25) working day time limit does not apply. Oral reprimands shall not be subject to the grievance/arbitration procedure. Written reprimands are not subject to the arbitration process.
D. Employees are entitled to, and can only use Union representation (Limited to Stewards, Presidents, and Teamsters Union Business Representatives), to represent them. This representation may occur at any corrective action meeting or investigation that could reasonably lead to discipline will against the employee. Investigations and meetings with bargaining unit members shall be applied in a corrective and progressive manner conducted in accordance with the EmployerSupervisor’s Policy.
Section 3Corrective Action Manual, which is issued by The Department of Human Resources. Prior In the event there is no Union representation to any disciplinary action taking place that may result participate in reduction in pay an investigation or rank, suspension or termination, the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be given an opportunity to respond to the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect use a bargaining unit co-worker as a representative. Employees may waive representation at any corrective action meeting or investigation that could reasonably lead to waive, in writing, participation in discipline against the meeting. The employee employee.
E. Oral and written reprimands shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and removed from the employee’s employment shall then be terminated.
Section 5personnel records after one (1) year provided no other corrective measures have been issued within that year. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline All other corrective action (except dismissal) shall be made in writing and served to removed from the employee’s records after three years provided no suspension or other action greater than a written reprimand has been sustained against the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within in that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) three year period.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section 1. No non-probationary employee shall be disciplined, reduced in paypay or position, suspended suspended, discharged, or discharged removed except for just cause.
Section 2. Except The Employer and the Union agree that all disciplinary procedures shall be carried out in instances where the employee is found guilty of a felony, discipline will be applied private and in a corrective and progressive manner business-like manner. Any employee in disagreement with the disciplinary action of suspension, reduction, or discharge taken by the Employer may file a grievance in accordance with the Employer’s Policygrievance procedure contained in this agreement. Verbal warnings (instruction and cautioning) and written reprimands may also be appealed under the grievance procedure contained herein, but shall not be subject to Step 4, arbitration. In the event verbal and/or written warnings are part of progressive discipline which ultimately leads to a suspension, reduction, or discharge which is arbitrated, the parties will stipulate to any arbitrator that such verbal/written warnings/reprimands were not arbitrable.
Section 3. Prior Whenever the Employer and/or his designee determines that there may be cause for an employee to any disciplinary action taking place that may result in reduction in pay be suspended, reduced, or rankdischarged, suspension or termination, a predisciplinary conference will be scheduled to give the employee shall receive a notice an opportunity to offer an explanation of alleged misconduct. Said notice shall state the alleged misconduct conduct. The predisciplinary conference procedures shall be established by the employee including dates, times Employer and places where misconduct is alleged shall include but not be limited to the following:
A. A minimum of occurred. At an informal meeting, seventy-two (72) hours advance written notice to the affected employee shall and the local Union President of the date, time, and place of the conference, including a statement of the alleged misconduct.
B. Conferences will be given conducted by an opportunity to respond to the specific charges. A person designated administrator, selected by the Employer may conduct Employer.
C. The Union President will receive a copy of the informal meetingpredisciplinary conference results and any related documentation presented at the hearing. Prior to the informal meeting, the employee The affected employees may elect to waivehave a representative of the Union present at any such predisciplinary conference. An additional Union representative may attend upon the Union President explaining the need to the applicable supervisor, and with approval of the Superintendent in writing, participation consideration of agency needs. An employee may also elect in writing to waive the meetingopportunity to a predisciplinary conference. The employee It shall be advised in writing that he/she the responsibility of the affected employee to notify the Union of any predisciplinary conference and/or resulting disciplinary action. In the event the Employer determines it necessary to have a legal representative (i.e., legal counsel) present at any predisciplinary conference, the Employer will notify the affected employee of a right to legal counsel prior to the predisciplinary conference. If notice is entitled not provided at least forty-eight (48) hours prior to Union representation at the informal meetingconference, the conference will be rescheduled upon request of the employee.
Section 4. Should the employee wish to respond to the chargesIn determining just cause and appropriate corrective action, he there shall be entitled to Union representation.
A. Upon conclusion taken into consideration the nature and seriousness of the meeting or upon receipt of offense, the written waiver by effect the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with alleged conduct has on the Employer’s rules and regulations operation, the discipline or lack thereof used in other similar situations known to the Employer, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s employment shall then be terminatedproperty interest in his job.
Section 5. Where The Employer reserves the Employer seeks as right to investigate any matter, incident, or complaint. Any employee questioned pursuant to this provision is entitled to have a penalty Union representative present should such questioning move from investigatory to accusatory, or should the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline employee reasonably believe that disciplinary action may result. It shall be made in writing and served the responsibility of the affected employee to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconductrequest Union representation.
Section 6. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. A corrective action shall be considered just and proper if demonstrated by a preponderance of the evidence. Corrective action may include consultation, oral and written reprimands, loss of all or part of vacation; suspension, reduction of pay within the pay range, demotion, or dismissal. All corrective action except for those based on departmental tardy policy violations shall be progressive and increasing in severity from the most-recently issued discipline on record regardless of the similarity between previous incidents. For the purposes of corrective action, an “incident” is an underlying event that results in corrective action for an employee.
1. No non-probationary employee Corrective action based on a departmental tardy policy shall be disciplined, reduced in pay, suspended or discharged except for just causeprogressive nature based on other tardy policy violations still on record.
Section 2. Except Employees who are AWOL for three or more consecutive shifts without calling in instances where or contacting the department according to departmental policy will be considered to have abandoned their jobs. Employees will be terminated in the system of record without a pre-disciplinary hearing. Reinstatement to the position, if vacant, will be considered by the department if evidence of inability to contact the department can be shown.
B. In cases of dismissal, the employee is found guilty entitled to payment of a felony, discipline will be applied in a corrective and progressive manner in accordance all wages due him with the Employer’s Policyissuance of the next regular paycheck.
Section C. Oral or written departmental reprimands shall not be issued without a discussion between the employee, union and the charging supervisor involved. If a decision is made to issue an oral or written reprimand, the oral or written reprimand shall be issued within twenty- five (25) working days of the date the supervisor becomes aware of the precipitating incident. A copy of the written reprimand shall be sent to the local Union ▇▇▇▇▇▇▇ (or to the local Union President if no ▇▇▇▇▇▇▇ exists). In instances where an oral or written reprimand results from a pre-disciplinary meeting, the twenty-five (25) working days’ time limit does not apply.
D. Documentation of oral reprimands, which are maintained in the supervisor's files, and written reprimands shall be removed from the employee's records after one (1) year from the date of service of the discipline provided no other corrective measures have been issued within that year. All other corrective actions shall be removed from the employee's records after three (3. Prior to any disciplinary ) years from the date of service of the discipline, provided no suspension or other action taking place greater than a written reprimand has been served against the employee in that three-year period.
E. Upon request, employees are entitled to, and can only use, Union representation at investigatory meetings that may result in reduction in pay discipline for that employee. If an employee requests representation at such a meeting, management will grant the request and delay until union representation can arrive, deny the request and end the interview, or rank, suspension or termination, allow the employee to choose whether to continue without representation. Employees are not entitled to union representation at meetings for the service of discipline.
F. No employee shall receive be disciplined (except for oral and written reprimands and failing to qualify at the end of a notice of alleged misconductprobationary period) without a pre-disciplinary meeting unless the employee specifically waives the meeting in writing. Said notice Pre-disciplinary meetings shall state the alleged misconduct be conducted by the Department Head’s designee. Notice of the reasons for the charges shall be given to the Local Union Staff Representative and employee at least five (5) working days prior to the pre- disciplinary meeting. It is the responsibility of the Department Head or his/her designee hearing the charges to advise the employee of his right to representation before the date of the meeting. A Union representative must be present at all pre- disciplinary meetings; however, an employee may choose to represent himself so long as a Union Representative is present at the pre- disciplinary meeting. Employees and management are entitled to no more than three (3) representatives from each party, including datesthe Staff Representative, times and places where misconduct at the meeting. One City representative must be the charging supervisor, unless the charging supervisor is alleged unavailable due to of occurredextenuating circumstances. At an informal Prior to, or at the meeting, the affected employee Union may request and the City shall be given an opportunity to respond provide, any information pertaining to the specific charges. A person designated by the Employer Pre-disciplinary meetings may conduct the informal meetingbe recorded. Prior Such recordings will be provided to the informal meetingunion. In special cases, the employee may elect to waive, in writing, participation in the be suspended without pay pending a meeting. The employee In such cases the meeting shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if held within five (5) working days of the suspension. If, following the day meeting, the employee receives continues to be suspended without pay; the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminated.
Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline determination shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen ten (1410) calendar days after the alleged misconduct.
Section 6working days. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs If no determination has been made within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.ten
Appears in 3 contracts
Sources: Labor Management Agreement, Labor Management Agreement, Labor Management Agreement
Corrective Action. Section 1. No non-probationary employee shall be disciplined, reduced 22.1 Except as agreed in pay, suspended or discharged except for just cause.
Section 2. Except in instances where the employee is found guilty of a felonythis Article, discipline will be applied in a corrective corrective, progressive, and progressive uniform manner taking into account the nature of the violation, the employee's record of discipline and the employee's record of performance. Further, no form of disciplinary action (including but not limited to verbal reprimand, written reprimand, suspension without pay or termination) will be taken against an employee except for just cause.
Step I: Verbal reprimand (a written record of a verbal reprimand may be placed in accordance the employee's personnel file) Step II: Written reprimand Step III: Suspension without pay Step IV: Termination
Section 22.2 Whenever the Employer and/or his designee determines that there may be cause for an employee to be suspended, reduced or discharged, a pre-disciplinary conference will be scheduled to give the employee the opportunity to offer an explanation of the alleged conduct. Regardless of when the pre-disciplinary conference is held, the affected employee(s) may elect to have a representative at any such pre-disciplinary conference. Suspension without pay or termination will not be imposed prior to holding a pre-disciplinary conference, and a determination by the Superintendent, otherwise a member can be suspended with pay pending the Employer’s Policyconference.
Section 322.3 The pre-disciplinary conference procedures shall be followed as outlined below. Prior to any disciplinary action taking place that may result in reduction in pay or rankFor purposes of this section, suspension or termination, the employee a day shall receive be defined as a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected work day.
A. The employee shall be provided with written correspondence providing notice of the charges against him. In addition, the notice will list the date, time and location of the conference. Such notice shall be given an opportunity to respond to the specific charges. A person designated by employee at least three (3) days before the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meetingconference. The employee shall be advised in writing that he/she is entitled to Union allowed representation at of his choice, the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will which shall be borne by the party requesting the copy employee. Time limits may be waived by mutual consent of the transcriptParties.
B. The pre-disciplinary conference shall be held with the Superintendent. An During the conference, the employee shall have the opportunity to explain whether or not the alleged conduct occurred. The employee may resign at any time following present verbal or written evidence regarding the receipt alleged conduct; however, the employee may not bring witnesses to the conference.
C. The employee may waive his right to a pre-disciplinary conference by signing the Notice of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules Pre-disciplinary Conference, attached as Appendix D, and regulations and returning it to the employee’s employment shall then be terminatedimmediate supervisor or the Superintendent.
Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section 9.1. In order for the Employer to maintain a desirable standard of employee conduct and level of productivity, certain policies must be enforced. The Director or his/her designee has the responsibility of administering disciplinary policies concerning employees within the Agency. Some misconduct may justify immediate suspension or dismissal however, generally, the Employer follows the concept of progressive discipline. The Director or his/her designee may, at his/her discretion, forgo advancing to a higher level of progressive discipline in particular cases. Exercising this latter option shall not establish a precedent with respect to the disciplinary matters covered by this article. If an employee violates a work rule or policy, disciplinary action may be necessary, including the following steps:
1. No non-probationary An Oral Reprimand (documented) will be conducted with an employee if there is an indication of unsatisfactory work or poor behavior.
2. A Written Warning will be given to the employee to let the employee know where he has fallen short of the Employer's standards of conduct. Employees will also be told if their conduct has placed their jobs in jeopardy, and penalties for continued violations will be outlined.
3. A Three (3) Day Suspension without pay, by the Appointing Authorities.
4. A Five (5) Day Suspension without pay, by the Appointing Authorities.
5. Dismissal or Removal with notice of discharge, by the Appointing Authorities. In all cases of oral reprimands, written warnings, and suspensions or removals, the employee shall be disciplinedissued a copy of a notice of such and shall be informed that the order will be made a part of his/her personnel file. Employees may, reduced at this point, file a response or objection to the disciplinary action. This response or objection will be placed in paythe employee's personnel file. Employees will be asked to sign any disciplinary notice, suspended as proof that they received the notice. In the case of any severe rule violation by an employee, the employee may be removed without prior warnings, following an investigation of the incident. Employees, other than those serving a probationary period, will be permitted to attend a pre-disciplinary hearing with the Director or discharged his/her designee prior to receiving a suspension or being removed.
Section 9.2. Non-probationary employees shall not be disciplined except for just cause.
Section 29.3. Except in instances where Whenever the Employer and/or his designee determines that there may be cause for an employee to receive a verbal recorded reprimand or a written reprimand, the employee and Union shall receive a copy of the reprimand.
Section 9.4. The Employer’s investigation shall be completed in a reasonable time period; however it is found guilty agreed by the parties that when criminal charges are involved or when alleged violations of a felonyother local, discipline state, or federal laws, or Veterans Service Commissioners’ resolution warrants extensive investigation, or upon mutual consent of the parties, the investigation time period may be necessarily extended. When an employee is contacted by the Employer to be interviewed about allegations regarding the employee’s work-related performance or conduct, the employee will be applied informed verbally that he or she is the subject of an investigation that could lead to discipline except when potential criminal charges are involved. After the initial verbal notification of investigation, the Employer will provide written notification to the employee and the Union of the status of the investigation every thirty (30) days until the investigation is completed. Employer’s failure to provide the verbal notification or written notification of the status of the investigation shall not be used to invalidate any subsequent discipline resulting from the investigation. Whenever the Employer determines that there may be cause for an employee to be suspended or discharged, the employee and Union shall be apprised of the alleged charges in writing within 5 work days prior to the scheduled hearing, along with any supporting documentation available at that time. Prior to the pre-disciplinary hearing with the Director, the Union, the employee, or the Supervisor may request a corrective meeting to share available information and progressive manner positions regarding the anticipated discipline. However, the Union or the Supervisor shall not be precluded from providing additional documentation or information at the pre-disciplinary hearing. The Director shall conduct the pre-disciplinary hearing no later than thirty (30) days after the Supervisor’s disciplinary recommendation has been submitted to him/her. The Union shall have the right to be present at any pre-disciplinary hearing or meeting to represent the employee.
Section 9.5. Any employee in disagreement with the disciplinary action taken by the Employer may file a grievance in accordance with the Employer’s Policygrievance procedure contained in this Agreement.
Section 39.6. Prior All actions of record (oral reprimand (documented), written reprimands, suspensions, reductions and removals) will be permanently maintained in each bargaining unit member's personnel file subject to any disciplinary action taking place that may result in reduction in pay or rank, suspension or terminationthe Agency’s records retention schedule. In addition, the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be given an opportunity to respond to the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meeting. The employee shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.following provisions apply:
A. Upon conclusion In any case in which an action of the meeting record is disaffirmed by an arbitrator, or upon receipt by a court of the written waiver by the employeecompetent jurisdiction, if the Employer/designee believes that just cause existsor where a settlement agreement so requires, discipline such action of record shall not be imposed. The affected employee shall be notified considered in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of disciplineany further action.
B. No recording devices or stenographic record An Oral Reprimand (documented) shall not be used for any purpose if twelve (12) months have passed since the date of the reprimand, provided that the employee has had no further disciplinary action during this period. This provision shall be used during questioning unless agreed applied retroactively such that it applies to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and all existing disciplinary documentation contained within the employee’s employment shall then be terminated's personnel file.
Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline C. Written reprimands shall not be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee may be placed on administrative leave with pay at used for any time during the disciplinary investigation purpose if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following have passed since the issuance date of such actions unless a similar offense occurs within the reprimand, provided that eighteen (18) month the employee has had no further disciplinary action during this period. In This provision shall be applied retroactively such instancethat it applies to all existing disciplinary documentation contained within the employee's personnel file.
D. Suspensions of three (3) days or less shall not be used for any purpose if three (3) years have passed since the date of the suspension, provided that the reprimands from these similar offenses employee has had no further disciplinary action during this period. This provision shall remain in force be applied retroactively such that it applies to all existing disciplinary documentation contained within the employee's personnel file.
E. Suspensions of more than three (3) days shall not be used for a two any purpose if five (25) year years have passed since the date of the suspension, provided that the employee has had no further disciplinary action during this period. This provision shall be applied retroactively such that it applies to all existing disciplinary documentation contained within the employee’s personnel file.
Appears in 2 contracts
Sources: Union Agreement, Union Agreement
Corrective Action. Section 110.1. No non-probationary employee shall be disciplined, reduced in paypay or position, suspended or discharged removed except for just cause. Further, no form of disciplinary action will be taken against any employee except for just cause.
Section 2. Except in instances where the employee is found guilty of a felony, discipline A. Discipline will be applied in a corrective corrective, progressive and progressive manner in accordance with the Employer’s Policyuniform manner.
Section 3. Prior to any disciplinary action taking place that may result in reduction in pay or rank, suspension or terminationB. Progressive discipline shall take into account the nature of the violation, the employee's record of discipline and the employee's record of performance and conduct.
C. Whenever the Employer and/or his designee determines that there may be cause for an employee shall receive to be disciplined (suspended, reduced or discharged), a notice pre- disciplinary conference will be scheduled to give the employee the opportunity to offer an explanation of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurredconduct. At an informal meeting, the The affected employee shall be given an opportunity to respond to the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee employee(s) may elect to waive, in writing, participation in have a representative of the meetingF.O.P. present at any such pre-disciplinary conference. The pre-disciplinary conference procedure shall be conducted with the following rules:
1. The employee shall be advised in writing that he/she is entitled provided with a written notice advising him of the nature of the charges and the date, time and location of the hearing. Such notice shall be given to Union representation the employee at least forty-eight (48) hours prior to the time of the hearing. The employee shall be allowed representation, the cost of which shall be borne by the employee.
2. The hearing shall be conducted before an administrator, selected by the Employer, other than the administrator initiating the charge.
3. Within five (5) calendar days after the hearing, the administrator shall provide the employee a written statement affirming or disaffirming the charges based on the relative strength of the evidence given at the informal meetinghearing by the employee and the Employer.
Section 410.3. Should Following the conference, any employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion receiving an order of the meeting suspension or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action dismissal may be subject to appeal such order through the grievance procedure, filed at Step 1, with the Board of Trustees and if procedure within five (5) working days following of receipt of the day decision.
Section 10.4. Prior to the scheduled time of the conference, the employee receives may waive his/her right to such a conference by signing the final notice “Waiver of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcriptPre-Disciplinary Conference” form. An employee who waives his/her right to such a conference may resign at any time following not grieve the receipt imposition of a notice of discipline. Any such resignation will be processed discipline in accordance with the Employer’s rules and regulations and matter in which the employee’s employment shall then be terminatedconference was scheduled.
Section 510.5. Where the The Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline agrees all disciplinary procedures shall be made carried out in writing private and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconductin a businesslike manner.
Section 610.6. An employee may be placed on administrative leave with pay at any time during the Records of disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) or be considered in future discipline matters under the following time frames: Oral and written reprimand 12 months following the issuance Suspensions of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.less than 3 days 18 months Suspensions of 3 days or more 24 months
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section 19.1. No non-probationary Except as provided elsewhere in the Agreement, no employee shall be disciplinedreprimanded, reduced in pay, suspended suspended, demoted, discharged, or discharged removed except for just cause.
Section 29.2. Except in instances where the employee is found guilty of a felonyunusual circumstances, discipline will be applied in a corrective corrective, progressive and progressive manner in accordance with the Employer’s Policyuniform manner.
Section 39.3. Prior Records of instruction and cautioning and written reprimands shall cease to any have force and effect twenty-two (22) calendar months after their effective date, providing there is no intervening disciplinary action taking place of any nature during that may result in time period. All records of suspension shall cease to have force and effect thirty-three (33) calendar months after their effective date, providing there is no intervening disciplinary action of any nature during that time period. All records of reduction in pay or rankdemotions shall maintain force and be in effect for forty-eight (48) calendar months.
Section 9.4. When an employee is asked to attend a meeting or conference with a supervisor and the employee reasonably believes that discipline may result from such meeting or conference, suspension or terminationhe may request that a local Union representative be present.
Section 9.5. When an Employer has reason to believe an employee warrants discipline (including only suspensions, reductions, demotions, and discharge), such employee shall have a pre-disciplinary conference. The Employer shall furnish the employee written notice of the charges against him and notice of the time and date of the conference at least twenty- four (24) hours prior to such conference. At the conference, the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee or his Union representative shall be given an opportunity to respond to the specific charges. A person designated An employee may waive the right to such pre-disciplinary conference by notifying the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meeting. The employee shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 49.6. Should An employee must appeal any disciplinary action only through the grievance procedure set forth in this contract within seven (7) calendar days from the time the Employer notifies the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the disciplinedisciplinary action taken against him. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy received notification of the transcript if requested. The cost of transcript will disciplinary action shall not be borne by counted towards the party requesting time limits in which the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminatedcan file his grievance.
Section 59.7. Where the The Employer seeks as agrees that all disciplinary procedures shall be carried out in private and in a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an businesslike manner. When actual discipline is to be given to any employee, notice of such discipline shall he will be made in writing and served informed prior to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconducttime that he may have a Union representative accompany him.
Section 69.8. An employee Verbal and written reprimands may be placed on administrative leave with pay at any time during submitted to the disciplinary investigation if the Employer, at its sole discretion determines it is necessarygrievance procedure but may not be appealed to arbitration.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section 1. A. No non-probationary employee shall be disciplined, reduced in pay, suspended or discharged disciplined except for just cause.
Section 2B. The Employer will not impose discipline in the presence of other employees (except union representatives), individuals receiving services, or the public except in extraordinary situations which pose a serious immediate threat to health, safety or well-being of others. Except The Employer and the Union agree that all disciplinary procedures shall be carried out in instances where the employee is found guilty of a felony, discipline will be applied private and in a corrective and progressive manner businesslike manner. Any employee in disagreement with the action taken by the Employer may file a grievance in accordance with the Employer’s Policygrievance procedure contained in this Agreement.
Section 3C. Whenever the Employer or Superintendent determines that there may be cause for an employee to be suspended or discharged, a pre-disciplinary conference will be scheduled for the purpose of advising the employee of the potential charges against the employee. The employee may waive this conference, which shall be held no earlier than seventy-two (72) hours following notification to the employee, unless the employee and his/her Union representative consent to less time. Prior to any disciplinary action taking place that may result in reduction in pay or rank, suspension or terminationthe conference, the employee and his/her representative shall receive a notice be informed in writing of alleged misconductthe reasons for the contemplated discipline and the possible form of discipline. Said notice shall state The Union and/or the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be given an the opportunity to respond to the specific charges. A person designated ask questions, comment, refute, or rebut.
D. Any employee questioned by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meeting. The employee shall be advised in writing that he/she is entitled to have a Union representation at the informal meeting.
Section 4. Should representative(s) present should such questioning move from investigatory to accusatory, or should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes reasonably believe that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcriptresult. An employee may resign at is entitled to have a union representative(s) present during any time following disciplinary conference including verbal or written reprimands; the receipt of request for a notice of discipline. Any such resignation will be processed in accordance with union representative shall not unduly delay the Employer’s rules and regulations and the employee’s employment shall then be terminatedconference.
Section 5. Where E. Whenever the Employer seeks is going to impose discipline upon an employee, the Employer shall normally follow the principles of progressive discipline in all cases; however, the discipline may be administered out of progression so that the penalty fits the infraction or act. The principles of progressive discipline are as a penalty follows:
1. Counseling and placement of written documentation of the imposition counseling in the personnel file. The written documentation shall be placed into the personnel file within ten (10) work days of counseling.
2. Written warning letter/reprimand.
3. Suspension without pay for up to three (3) work days.
4. Suspension without pay of up to ten (10) work days. NOTE: Working suspensions may be administered in which the employee shall work and receive pay; however the suspension shall have the same disciplinary force and effect as a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 65. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessaryDischarge.
Section 7. Corrective F. No disciplinary action regarding verbal and/or written warnings will be imposed on an employee based upon an anonymous complaint of any kind unless there is corroborating evidence to establish the basis for the discipline.
G. At the employee’s request, all records of disciplinary actions shall cease to have force and effect for purposes of progressive corrective action twelve (12) working months for oral, and twenty-four (24) working months for written reprimands and forty-eight (48) working months for suspensions after eighteen (18) months following their effective date, provided there has been no intervening related disciplinary action within the issuance of such actions unless established time frame.
H. The employee may put a similar offense occurs within that eighteen (18) month period. In such instance, written response to verbal and/or written warnings/reprimands into the reprimands from these similar offenses shall remain in force for a two (2) year periodemployee’s personnel file.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section 1. No non-probationary employee shall be disciplined, reduced in pay, suspended or discharged except A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. Corrective action may include consultation, oral and written reprimands, loss of all or part of vacation; suspension, reduction of pay within the pay range, demotion, or dismissal.
Section 2. Except in instances where B. In cases of dismissal, the employee is found guilty entitled to payment of all wages due him with the issuance of the next regular paycheck.
C. Oral or written departmental reprimands may not be issued without a felonydiscussion between the employee and the supervisor involved. If a decision is made to issue an oral or written reprimand, discipline will the oral or written reprimand shall be applied issued within twenty- five (25) working days of the date the supervisor becomes aware of the precipitating incident. A copy of the written reprimand shall be sent to the local Union ▇▇▇▇▇▇▇ (or to the local Union President if no ▇▇▇▇▇▇▇ exists). In instances where an oral or written reprimand results from a pre-disciplinary meeting, the twenty-five (25) working days’ time limit does not apply.
D. Documentation of oral reprimands, which are maintained in the supervisor's files, and written reprimands shall be removed from the employee's records after one (1) year provided no other corrective measures have been issued within that year. All other corrective actions shall be removed from the employee's records after three (3) years, provided no suspension or other action greater than a written reprimand has been sustained against the employee in that three-year period.
E. Employees are entitled to, and can only use, Union representation at any corrective action meeting, investigation, or interrogation. Investigations and progressive manner meetings for bargaining unit employees shall be conducted in accordance with the Employer’s PolicySupervisor's Disciplinary Manual, which is issued by the City Human Resources Department.
Section F. No employee shall be disciplined (except for oral and written reprimands and failing to qualify at the end of a probationary period) without a pre-disciplinary meeting unless the employee specifically waives the meeting in writing. Pre-disciplinary meetings shall be conducted by the Department Head or his/her designee. Notice of the reasons for the charges shall be given to the Local Union Staff Representative and employee at least five (5) working days prior to the pre- disciplinary meeting. It is the responsibility of the Department Head or his/her designee hearing the charges to advise the employee of his right to representation before the date of the meeting. A Union representative must be present at all pre- disciplinary meetings; however, an employee may choose to represent himself so long as a Union Representative is present at the pre-disciplinary meeting. Employees and management are entitled to no more than three (3) representatives from each party, including the Staff Representative, at the meeting. One City representative must be the charging supervisor, unless the charging supervisor is unavailable due to extenuating circumstances. Prior to any disciplinary action taking place that may result in reduction in pay to, or rank, suspension or termination, at the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee Union may request and the City shall be given an opportunity to respond provide, any information pertaining to the specific charges. A person designated by the Employer Pre-disciplinary meetings may conduct the informal meetingbe recorded. Prior to the informal meetingIn special cases, the employee may elect to waive, in writing, participation in the be suspended without pay pending a meeting. The employee In such cases the meeting shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if held within five (5) working days of the suspension. If, following the day meeting, the employee receives continues to be suspended without pay; the final notice determination shall be made within ten (10) working days. If no determination has been made within ten (10) working days of disciplinethe suspension, the employee will return to paid status on the eleventh (11th) working day, and final determination shall be completed within the time lines outlined in paragraph (H) of this Article. If an employee is suspended with pay, the pre-disciplinary meeting shall be held in accordance with Paragraph (H) of this Article.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. G. An employee may resign appeal a written reprimand by filing a grievance at any time following the receipt next highest step from the level at which the written reprimand was issued. Such grievance must be in proper written form. Consultations and oral reprimands are not appealable through the Grievance Procedure. Suspensions of a notice of disciplinetwenty-four (24) hours or more, including other equivalent losses, may be appealed through the grievance process or through the Civil Service Commission, but not both. All other discipline (except oral reprimands and consultations) may only be appealed through the grievance procedure. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminated.
Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or pre- disciplinary penalties set by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee City policies may be placed on administrative leave with pay at any time during appealed through the disciplinary investigation if the Employer, at its sole discretion determines it is necessaryGrievance Procedure.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.
Appears in 2 contracts
Sources: Labor Management Agreement, Labor Management Agreement
Corrective Action. Section 1. No non-probationary employee bargaining unit member shall be disciplined, reduced in pay, suspended disciplined or discharged except for just cause, including any violation of University work rules.
Section 2. Except in instances where for alleged violations of the employee Gender-Based Misconduct and Title IX Policy & Protocol (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/title-ix/docs/title-ix-policy.pdf), when it is found guilty of necessary to discipline or discharge a felonybargaining unit member, discipline such action will be applied in a corrective and progressive manner in accordance with the Employer’s Policy.
Section 3. Prior to any disciplinary action taking place that may result in reduction in pay or rank, suspension or termination, the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be given an opportunity to respond to the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meeting. The employee shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if taken within five thirty (530) working calendar days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy University's discovery of the transcript if requestedinfraction or misconduct. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminated.
Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee A bargaining unit member may be placed on administrative leave with pay during an investigation of the alleged misconduct. In cases of absenteeism and tardiness, the thirty (30) days shall commence when the employee submits the timesheet which evidences the infraction.
Section 3. An employee shall not be discharged or given a disciplinary suspension without first being given an opportunity to attend a conference where the employee may give their version of the events at any time issue. Where the information will be pertinent, the employee may request the presence of another employee to corroborate the events at issue. The employee being disciplined may have a union representative present.
Section 4. The University shall utilize the principle of progressive discipline in an effort to correct offenses.
Section 5. If the University's disciplinary action is based in whole or in part on portions of the bargaining unit member's record, such portions of the bargaining unit member's record and other documentary evidence, will be made available for inspection by a designated union representative during normal working hours and within one (1) working day after receipt of a written request.
Section 6. Copies of all written notices of disciplinary action will be given to the disciplinary investigation if bargaining unit member and a copy will be given to the Employer, at its sole discretion determines it is necessaryChief ▇▇▇▇▇▇▇.
Section 7. Corrective action regarding verbal and/or written warnings shall cease It is understood that a supervisor's directions are to have force and effect after eighteen (18) months following the issuance be followed. An employee may grieve any directive they deem to violate this agreement. However, pending final resolution of such actions unless a similar offense occurs within that eighteen (18) month periodgrievance, all affected bargaining unit members shall comply with the directive. Any failure to do so shall constitute serious misconduct subject to discipline, up to and including discharge.
Section 8. In such instancedisciplining an employee, the reprimands from these similar offenses University shall remain in force for a two not rely upon instances which are more than twelve (2) year period.12)
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action. Section 1. No non-probationary employee shall be disciplined, reduced in pay, suspended or discharged except for just cause.
Section 2. 12.1 Except in instances where the employee is found guilty of a felonyserious misconduct, discipline will be applied in a corrective and progressive manner in accordance with the Employer’s Policy's policy and this article. Progressive discipline shall take into account the nature of the violation, the employee's record of discipline, and the employee's record of work performance. Discipline shall normally be applied in a corrective progressive manner, i.e., instruction and cautioning, written reprimand, suspension with or without pay or combination of the two, and discharge.
Section 312.2 Whenever the Employer and/or his designee determines that there may be cause for an employee to be disciplined (suspended, reduced, or discharged), a predisciplinary conference will be scheduled to give the employee an opportunity to offer an explanation of the alleged conduct. Prior The Employer shall establish the predisciplinary conference procedures. An employee may also elect, in writing, to any disciplinary action taking place that waive the opportunity to a predisciplinary conference. When an employee is to be disciplined or interviewed regarding a matter which may result in reduction in pay or rank, suspension or terminationlead to discipline, the employee has the right to have a Union ▇▇▇▇▇▇▇, Union official, or alternate present. It shall receive a notice be the responsibility of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee to notify the Union of any predisciplinary conference and/or resulting disciplinary action.
Section 12.3 Whenever an employee is found guilty of serious misconduct, he shall be given an opportunity subject to respond discipline, up to and including termination.
Section 12.4 The Employer agrees that all disciplinary procedures shall be carried out in private and in a businesslike manner. Any employee in disagreement with the specific charges. A person designated action taken by the Employer may conduct the informal meeting. Prior to the informal meetingfile a grievance, the employee may elect to waive, in writing, participation in the meeting. The employee shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and grievance procedure contained in this agreement. The Employer shall serve the employee’s employment shall then be terminatedUnion ▇▇▇▇▇▇▇ or the Union ▇▇▇▇▇▇▇’▇ designee a copy of any disciplinary action taken against any employee immediately after such action.
Section 5. Where the Employer seeks as a penalty the imposition 12.5 Records of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen or be considered in future disciplinary matters twelve (1812) months following after their effective date for instruction and cautioning and written reprimands providing there is no intervening discipline during the issuance of such actions unless a similar offense occurs within that eighteen twelve (1812) month period. In such instance, ; and twenty-four (24) months after their effective date for suspensions providing there is no intervening discipline during the reprimands from these similar offenses shall remain in force for a two twenty-four (224) year month period.
Section 12.6 The grievance of all suspensions and terminations shall be filed directly at Step 2 of the Grievance Process as identified in the Grievance Procedure article, within three (3) working days.
Section 12.7 The Union on behalf of all employees covered by this Agreement, and on its own behalf, hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g., suspensions, demotions or discharge) to any Civil Service Commission.
Section 12.8 It is the intent of the parties that the terms and conditions of this article specifically preempt and prevail over the statutory rights of bargaining unit employees as set forth in the Ohio Revised Code 124.03, 124.34 and Ohio Administrative Code 124:1-01 through 124:1-31-04.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Corrective Action. Section 1. No non-probationary employee shall be disciplined, reduced in pay, suspended suspended, or discharged except for just cause.
Section 2. Except in instances where the employee is found guilty of a felonyserious misconduct, discipline will be applied in a corrective and progressive manner in accordance with the Employer’s Policypolicy. Progressive discipline shall take into account the nature of the violation, the employee’s record of discipline, and the employee’s record of performance and conduct.
Section 3. Prior Whenever the Employer and/or its designee determines that there may be cause for an employee to any disciplinary action taking place that may result in reduction in pay be disciplined (suspended, reduced, or rankdischarged), suspension or termination, a predisciplinary meeting will be scheduled to give the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be given an opportunity to respond to offer an explanation of the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meeting. The employee shall be advised in writing that he/she is entitled to Union representation at the informal meetingalleged conduct.
Section 4. Should the employee wish to respond to the charges, he The Employer agrees that all disciplinary procedures shall be entitled to Union representation.
A. Upon conclusion of carried out in private and in a businesslike manner. Any employee in disagreement with the meeting or upon receipt of the written waiver action taken by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action Employer may be subject to appeal through the file a grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the grievance procedure contained in this agreement. The Employer agrees that any disciplinary action shall be issued within a reasonable time period following the Employer’s rules and regulations and 's knowledge of the employee’s employment shall then be terminatedincident giving rise to such discipline.
Section 5. Where the Employer seeks as a penalty the imposition Records of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings actions shall cease to have force and effect after eighteen (18) months effect, providing, however, that no intervening discipline has occurred, from the date of the incident based on the following the issuance schedule:
Section 6. When an employee is to be interviewed or questioned concerning a complaint or allegation of such actions unless a similar offense occurs within that eighteen (18) month period. In such instancemisconduct, the reprimands from these similar offenses employee shall remain be informed, prior to the interview, of the nature of the investigation and whether the employee is the subject of the investigation or a witness in force for a two (2) year periodthe investigation.
Section 7. The Employer shall normally conduct all interviews of an employee under
Section 8. Prior to an interview or questioning which might lead to disciplinary action, the employee shall be advised of his or her rights to Union representation. If the employee so requests, no interview or questioning will occur until the employee has secured such representation.
Section 9. If at any time during the investigation it is believed the employee has knowledge or, or has participated in, any action which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, the employee shall be advised of and afforded all constitutional and other legal rights applicable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Corrective Action. Section Employees shall be disciplined only for just cause. Such discipline shall be done in private and the Fire District shall, where appropriate, follow a procedure of progressive discipline. Such procedure shall begin with verbal warning, progressing to a written reprimand, then to suspension with or without pay, then demotion or discharge. The disciplinary process may be entered at any level above that of verbal reprimand if justified by the nature of the offense. Formal discipline shall be defined as that in which a written record of the action is placed in the employees personnel file. Formal discipline shall be administered only following a pre-disciplinary hearing to determine all of the facts and permit oral and written rebuttal by the involved employee. A list of the charges of misconduct or complaints must be submitted by the Fire District to the employee in writing not less than five (5) days prior to the pre-disciplinary hearing. The employee shall have an opportunity to attach his/her statements or records of protest before any items are placed in his/her personnel file. Any alleged misconduct or complaints will be investigated and shown to have substance before being placed in an employee’s personnel file. An employee shall not be discharged or suspended without pay for more than one (1) work day unless a written warning notice shall previously have been given to such employee for a prior, separate incident within the previous nine (9) months. No non-probationary (Except as indicated below) A written warning notice shall not be required where the nature of misconduct is serious enough to indicate an immediate need for severe discipline or discharge of the employee. An employee shall be disciplined, reduced given written notice of all formal discipline. Written warning notices shall remain in pay, suspended or discharged except effect only for just cause.
Section a period of two (2) years from the effective date of the notice. Except in instances where the employee is found guilty of a felony, discipline will be applied in a corrective and progressive manner in accordance with the Employer’s Policy.
Section 3. Prior to In any proposed disciplinary action taking place that may result in reduction in pay or rank, suspension or terminationaction, the employee shall receive be entitled to have present, a notice representative of alleged misconductthe Union in all meetings with the Fire District concerning the proposed action. Said notice shall state In the alleged misconduct by the employee including dates, times and places where misconduct event that a designated Union representative is alleged to of occurred. At an informal meeting, the affected employee shall be given an opportunity to respond to the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meetingnot available, the employee may elect voluntarily choose to waivemeet without a Union representative, or the meeting shall be delayed until an official Union representative may be present. For purposes of this paragraph, official Union representative shall mean one of the principal officers of the Union, the Chairman of the Grievance Committee, or a member in writing, participation good standing with the Union authorized by it to represent the employee in the meetingdisciplinary matter. The employee Discipline and/or discharge shall be advised in writing that he/she is entitled to Union representation at the informal meeting.
Section 4. Should the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminated.
Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.
Section 6. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Corrective Action. Section 1It is agreed that the Employer has the right to discipline or discharge employees for just cause. No Corrective action of non-probationary employee employees shall be disciplinedsubject to the grievance procedure, reduced in payincluding binding arbitration. Outside of an employee’s probationary period, suspended or discharged except no corrective action shall be issued without meeting the standards of Just Cause. Under no circumstances will any employee be required to sign any document that waives their right to just cause for just cause.
Section 2discipline and/or the right to voice a complaint through the established grievance procedure. Except in instances where Any agreement signed by any employee that waives these rights shall be deemed invalid to the employee is found guilty of a felony, discipline will be applied in a corrective and progressive manner in accordance extent the document purports to waive these rights. Failure to conform with the Employer’s Policy.
Section 3. Prior to any disciplinary action taking place that may result in reduction in pay requirements of this clause shall render the discipline or rank, suspension or termination, the employee shall receive a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times discharge null and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be given an opportunity to respond to the specific charges. A person designated by the Employer may conduct the informal meeting. Prior to the informal meeting, the employee may elect to waive, in writing, participation in the meetingvoid. The employee shall have the right to be advised accompanied and represented by the Union during any investigatory or disciplinary meeting; however, such meeting shall be held in writing that he/she is entitled to a timely manner. Employees seeking Union representation at the informal meeting.
Section 4. Should are responsible for contacting a Union representative as soon as possible but no later than twelve (12) hours after management has informed the employee wish to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting a pending investigation or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposeddisciplinary action. The affected employee Employer and the Union shall work to facilitate the investigatory or disciplinary meeting at their earliest possible opportunity. All parties shall strive to facilitate meeting within seventy-two (72) hours; however, such timeframe may be notified in writing of the disciplineextended upon request where reasonable. The disciplinary action may be subject Employer agrees to appeal through provide the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied Union with a copy of any and all corrective action given to employees, and upon request, provide the transcript Union with any and all documents used, that are relevant and within reason, in the investigation or disciplinary process. Discipline shall be accomplished in a constructive, progressive manner, so as to rehabilitate and correct an offender, if requestedat all possible. Selective employee coaching, in lieu of progressive discipline, will not be construed as a violation of just cause. The cost types of transcript disciplinary actions that may be taken will be borne by include:
1. Documented verbal counseling
2. Written reprimand
3. Suspension without pay for one (1) week up to a maximum of thirty-six (36) hours during which time the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminated.
Section 5. Where the Employer seeks as a penalty the imposition of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.on overtime restriction, probation
Section 64. An employee may be placed on administrative leave with pay at any time during the disciplinary investigation if the Employer, at its sole discretion determines it is necessary.
Section 7. Corrective action regarding verbal and/or written warnings shall cease to have force and effect after eighteen (18) months following the issuance of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.Final Written
Appears in 1 contract
Sources: Collective Bargaining Agreement
Corrective Action. Section 1. No non-probationary employee bargaining unit member shall be disciplined, reduced in pay, suspended disciplined or discharged except for just cause, including any violation of University work rules.
Section 2. Except in instances where When it is necessary to discipline or discharge a bargaining unit member, such action will be taken within thirty (30) calendar days following the University's discovery of the infraction or misconduct. In cases of absenteeism and tardiness, the thirty (30) days shall commence when the employee is found guilty of a felony, discipline will be applied turns in a corrective and progressive manner in accordance with the Employer’s Policytime card which evidences the infraction.
Section 3. Prior to any disciplinary action taking place that may result in reduction in pay or rank, suspension or termination, the An employee shall receive not be discharged or given a notice of alleged misconduct. Said notice shall state the alleged misconduct by the employee including dates, times and places where misconduct is alleged to of occurred. At an informal meeting, the affected employee shall be disciplinary suspension without first being given an opportunity to respond to attend a conference where the specific chargesemployee may give their version of the events at issue. A person designated by Where the Employer may conduct the informal meeting. Prior to the informal meetinginformation will be pertinent, the employee may elect request the presence of another employee to waive, in writing, participation in corroborate the meetingevents at issue. The employee being disciplined may have a union representative present. Such a pre-suspension conference shall not be required relative to serious offenses requiring immediate action. The Union shall also be sent notice of this conference. The University shall make every good faith effort to have the originating supervisor present at the suspension or discharge meeting. If the employee is to be suspended or terminated immediately, the Union will be notified and given an opportunity to consult with the employee before the employee is sent home. Write-ups of oral and written warnings shall be advised in writing that he/she is entitled hand delivered to Union representation at the informal meetingaffected employee.
Section 4. Should The University shall utilize the employee wish principle of progressive discipline in an effort to respond to the charges, he shall be entitled to Union representation.
A. Upon conclusion of the meeting or upon receipt of the written waiver by the employee, if the Employer/designee believes that just cause exists, discipline shall be imposed. The affected employee shall be notified in writing of the discipline. The disciplinary action may be subject to appeal through the grievance procedure, filed at Step 1, with the Board of Trustees and if within five (5) working days following the day the employee receives the final notice of discipline.
B. No recording devices or stenographic record shall be used during questioning unless agreed to mutually by both the Employer and Union. The employee will be supplied with a copy of the transcript if requested. The cost of transcript will be borne by the party requesting the copy of the transcript. An employee may resign at any time following the receipt of a notice of discipline. Any such resignation will be processed in accordance with the Employer’s rules and regulations and the employee’s employment shall then be terminatedcorrect minor offenses.
Section 5. Where If the Employer seeks as University's disciplinary action is based in whole or in part on portions of the bargaining unit member's record, such portions of the bargaining unit member's record and other documentary evidence, will be made available for inspection by a penalty the imposition designated union representative during normal working hours and within one (1) working day after receipt of a suspension without pay, a demotion in rank or removal from service of an employee, notice of such discipline shall be made in writing and served to the employee personally or by registered/certified mail with return service requested within fourteen (14) calendar days after the alleged misconduct.written request.
Section 6. An employee may Copies of all written notices of disciplinary action will be placed on administrative leave with pay at any time during given to the disciplinary investigation if bargaining unit member and a copy will be given to the Employer, at its sole discretion determines it is necessaryChief ▇▇▇▇▇▇▇.
Section 7. Corrective action regarding verbal and/or written warnings It is understood that a supervisor's directions are to be followed. An employee may grieve any directive they deem to violate this agreement. However, pending final resolution of such grievance, all affected bargaining unit members shall cease comply with the directive. Any failure to have force do so shall constitute serious misconduct subject to discipline, up to and effect after eighteen including discharge.
Section 8. In disciplining an employee, the University shall not rely upon instances of absenteeism or sub-standard work performance which are more than twenty-four (1824) months following the issuance old or instances of such actions unless a similar offense occurs within that eighteen (18) month period. In such instance, the reprimands from these similar offenses shall remain in force for a two (2) year period.tardiness or minor infractions which are more than twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement