Common use of Predisciplinary Conference Clause in Contracts

Predisciplinary Conference. Section 1. Whenever the Employer determines that an employee may be suspended, reduced or terminated for just cause, a predisciplinary conference shall be scheduled prior to any disciplinary action. Section 2. Predisciplinary conferences shall be scheduled during regular business hours of the Employer and no employee shall suffer loss of regular pay or benefits while attending such conferences. Section 3. Predisciplinary conferences will be conducted by a neutral Hearing Officer who will be selected by the Employer. The Hearing Officer shall not be directly in the line of authority of the employee. Section 4. Not less than forty-eight (48) hours prior to the scheduled starting time of the conference, the Employer will provide to the employee a written outline of the charges which may be the basis for disciplinary action. The employee must choose to: 1) appear at the conference to present an oral or written statement in his or her defense; 2) appear at the conference and have a chosen representative present an oral or written statement; or 3) waive writing, the opportunity to have a pre-disciplinary conference. Section 5. At the predisciplinary conference, the neutral will ask the employee or his/her representative to respond to the allegation(s) of misconduct which were outlined to the employee. Failure to respond or respond truthfully may result in further disciplinary action, except when employee is subject to self incrimination and elects to invoke a right to remain silent. Section 6. At the conference both parties may present any testimony, witnesses, or documents which explain whether or not the alleged conduct occurred. The employee may be represented by any person he or she chooses, whether such individual is an employee or not. The Union may have a representative present at all bargaining unit predisciplinary conferences. The parties shall provide lists of witnesses to the neutral as far in advance as possible, but not later than one (1) hour prior to the predisciplinary conference, Copies of these lists will also be exchanged by the parties at that time. It is the employee’s responsibility to notify witnesses that their attendance is desired. Section 7. The parties or their representative(s) will be permitted to confront and cross-examine witnesses. Within ten (10) days following such hearing, a written report will be prepared by the neutral concluding as to whether or not the alleged conduct occurred. Copies of the report shall immediately be provided to the Service Director, the employee, and the Union. The Appointing Authority will then decide what discipline, if any, is appropriate.