Common use of Exceptions to Progressive Discipline Clause in Contracts

Exceptions to Progressive Discipline. In the case of gross misconduct, criminal activity, or a case involving imminent danger to clients or staff, or other conduct of a severe nature, discipline may be initiated at Step Three Disciplinary Probation or Step Four (Discharge), without first exhausting the lower steps of the Progressive Disciplinary process. NLSLA may suspend an employee with pay during an investigation of an allegation of misconduct. 15.2 All employees shall have the right to have a PULSE representative present at any meeting disciplinary in nature, including meetings, the purpose of which is to investigate circumstances in anticipation of possible disciplinary action against the employee. The employee shall be provided with 24 hours notice of any meeting under this Article, except in cases of gross misconduct, criminal activity, imminent danger to clients or staff or other conduct of a severe nature. *The meeting shall occur during work time whenever practical. An employee is entitled to copies of information relied upon by the Employer in issuing the discipline against him/her. 15.3 Written warnings for willful and intentional misconduct shall become void for disciplinary purposes after thirty-six (36) months, provided there has been no recurrence of the same or a related offense during that time. Written notices for less than intentional and willful misconduct shall become void for disciplinary purposes after twenty-four months. 15.4 In all instances in which a non-probationary employee is discharged, the cause of the discharge shall be confirmed in writing to the employee within three (3) working days. The employee, within ten (10) working days of the discharge can invoke the grievance procedure at Step 2. If, prior to a discharge, an employee was scheduled for a day or days off during the 10 working day period for filing a grievance over the discharge, said day or days off shall not be counted in determining the 10 working day grievance period. Upon receipt of the Step 2 grievance, the Executive Director or his designee shall arrange with the appropriate PULSE representative for a Step 2 grievance meeting at the earliest possible convenience of all concerned, but in no event more than four (4) work days after receipt by the employer of the Step 2 grievance. 15.5 Whenever any written warnings are placed in an employee's official personnel file, the employee shall be given a copy at that time. The personnel file is the file maintained by Human Resources. If the paper(s) pertain to circumstances that are not covered by the grievance procedure set forth in Article 16, the employee shall be given fifteen (15) working days to submit written comment or objection for inclusion in his/her personnel file. 15.6 Employees whose actions or performance are the subject of a client grievance shall be provided with a copy of that grievance unless the client has expressed a desire to maintain the confidentiality of the grievance.

Exceptions to Progressive Discipline. In the case of gross misconduct, criminal activity, or a case involving imminent danger to clients or staff, or other conduct of a severe nature, discipline may be initiated at Step Three Disciplinary Probation or Step Four (Discharge), without first exhausting the lower steps of the Progressive Disciplinary process. NLSLA may suspend an employee with pay during an investigation of an allegation of misconduct. 15.2 All employees shall have the right to have a PULSE representative present at any meeting disciplinary in nature, including meetings, the purpose of which is to investigate circumstances in anticipation of possible disciplinary action against the employee. The employee shall be provided with 24 hours notice of any meeting under this Article, except in cases of gross misconduct, criminal activity, imminent danger to clients or staff or other conduct of a severe nature. *The meeting shall occur during work time whenever practical. An employee is entitled to copies of information relied upon by the Employer in issuing the discipline against him/her. 15.3 Written warnings for willful and intentional misconduct shall become void for disciplinary purposes after thirty-six (36) months, provided there has been no recurrence of the same or a related offense during that time. Written notices for less than intentional and willful misconduct shall become void for disciplinary purposes after twenty-four months. 15.4 In all instances in which a non-probationary non‑probationary employee is discharged, the cause of the discharge shall be confirmed in writing to the employee within three (3) working days. The employee, within ten (10) working days of the discharge can invoke the grievance procedure at Step 2. If, prior to a discharge, an employee was scheduled for a day or days off during the 10 working day period for filing a grievance over the discharge, said day or days off shall not be counted in determining the 10 working day grievance period. Upon receipt of the Step 2 grievance, the Executive Director or his designee shall arrange with the appropriate PULSE representative for a Step 2 grievance meeting at the earliest possible convenience of all concerned, but in no event more than four (4) work days after receipt by the employer of the Step 2 grievance. 15.5 Whenever any written warnings are placed in an employee's official personnel file, the employee shall be given a copy at that time. The personnel file is the file maintained by Human Resources. If the paper(s) pertain to circumstances that are not covered by the grievance procedure set forth in Article 16, the employee shall be given fifteen (15) working days to submit written comment or objection for inclusion in his/her personnel file. 15.6 Employees whose actions or performance are the subject of a client grievance shall be provided with a copy of that grievance unless the client has expressed a desire to maintain the confidentiality of the grievance.