Interviews & Hearings Sample Clauses
Interviews & Hearings. 24.3.1 In cases of serious violations, which may result in an un-timed letter, suspension, demotion or termination, the complaint must be forwarded to the administrative staff. The interview of an employee concerning action(s) or inaction(s), which, if proved, could reasonably lead to a written reprimand, suspension without pay, demotion, or discharge for that employee, shall be conducted under the following conditions and procedures:
a) Investigations into allegations of employee misconduct shall be classified in the notice as either "Type I" or "Type II." For a Type II investigation, discipline will not be greater than a written reprimand. If notice of a Type I investigation is given, the range of discipline may be any of the disciplinary actions (i.e. documented warning through discharge). The notice can be amended at any time during the course of the investigation, provided that an amended notice is provided to the employee and the Guild. The outcome of Type 1/Type II investigations shall be a finding that is categorized as either "sustained," "not sustained," "unfounded," or "exonerated."
b) At a reasonable time (at least forty-eight hours) in advance of the investigative interview, the employee shall be informed in writing, with a copy to the Guild, of the nature of the investigation; the specific allegations related thereto; and the policies, procedures and/or laws that form the basis for the investigation; and shall be advised that an opportunity to consult with a Guild representative will be afforded prior to the interview. The employee may waive the forty-eight-hour notice in writing only.
c) The requirements of these shall not apply if (1) the employee is under investigation for violations that are punishable as felonies or misdemeanors under law, or (2) notices to the employee would jeopardize the administrative investigation.
d) If a complainant has filed a formal complaint regarding an action or inaction of an employee and the Employer deems further investigation is necessary, the employee shall be provided a copy of the complaint as soon as practical, with a copy forwarded to the Guild.
e) The employee shall have the right to have a Guild representative present during any interview, which may reasonably result in discipline of the employee. The Guild representative may not obstruct or hinder the interview, but he/she can clarify points, ask questions of the interviewee at the conclusion of the investigator's questions or point out pertinent ...
