Disciplinary Action & Appeal Sample Clauses

Disciplinary Action & Appeal. Section 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is further agreed and understood by the parties that there is a procedure for the resolution of individual appeals over discipline. Section 2. A disciplinary appeal is defined as, and limited to, any dispute or controversy challenging disciplinary action (suspension, demotion or termination) taken regarding the actions taken by a bargaining unit member. There shall be no appeals of verbal or written reprimands. There are two types of demotion: disciplinary demotions which are based on misconduct and performance-based demotions which are the result of an employee's inability to meet job performance levels established by the City. Disciplinary demotions may be challenged using the disciplinary action appeal process described in this article and are subject to the requirement of just cause. Performance-based demotions may only be Section 3. Every effort will be made by the parties to settle any appeal as expeditiously as possible. Any appeal not submitted and/or processed by the grieving party in accordance with the time limits provided will be considered dropped. Any appeal not answered or processed by the City within the time limits provided below will automatically advance to the next higher step of the appeal procedure in order to provide the employee with an answer. Saturdays, Sundays and City-recognized holidays shall be excluded from the computation of calendar days. Section 4. The written appeal form must be completed in its entirety and must contain the following: A. A statement of the appeal and the facts upon which it is based. B. The action, remedy, or adjustment requested. C. The signature of the aggrieved employee or a union representative. D. Indicate the date the disciplinary action being grieved occurred. Failure to specifically state any of the four above items (A-D) will be grounds for denial of the appeal. When an appeal is denied for failure to contain the foregoing information, it shall be returned to the employee with a written explanation listing the deficiencies. The employee has five

Disciplinary Action & Appeal. ‌ 1. The right to maintain discipline and efficiency of employees is vested exclusively in the County. Disciplinary action taken by the County, for unsatisfactory performance or for misconduct, shall include oral counseling (logbook notations), written reprimands, suspension with pay, and suspension without pay, demotion and discharge. 2. The level of severity of the discipline is dependent on the nature of the act, the employee's relevant history of discipline, and other relevant circumstances. 3. Discipline for acts in violation of Department rules, regulations and policies shall be imposed as set forth in the discipline matrix, attached hereto as Addendum C to this Agreement. In order for prior discipline to be used as a determining factor to aggravate the disciplinary action to be taken under the matrix the prior discipline must be of the same or similar conduct as the conduct for which discipline is contemplated. The discipline matrix is intended to establish the maximum penalty assigned for any given conduct at each level. Nothing herein contained shall be construed as preventing a lesser form of discipline than the level of discipline as set forth in the matrix as may be determined in the Department Head's sole discretion. 4. Less serious performance or conduct issues may be dealt with by counseling employees and documenting such counseling in the supervisor’s log book. 5. Multiple violations occurring during a single event shall be punished by only one disciplinary action for that event.