XXXXXXX FACTORS. The nature and seriousness of the offense and its relation to the Employees duties, position, and responsibilities. The Employees job level and type of employment, including supervisory or fiduciary role. Any past disciplinary record. The past work record, including length of service, performance, ability to get along with fellow Employees, and dependability. The effect of the offense upon the Employees ability to perform satisfactorily and on supervisors confidence. Consistency of the penalty with those imposed on other Employees for the same or similar offenses. Consistency of the penalty with any applicable agency table of penalties. The notoriety of the offense or its impact on the agency reputation. The clarity with which the Employee was on notice of any rules violated in committing the offense or had been warned about the conduct in question. Any potential for rehabilitation. Mitigating circumstances surrounding the offense. The adequacy and efficacy of alternative sanctions to deter such conduct in the future by the Employee or others. No Employee will be the subject of disciplinary action except for reasons that will promote the efficiency of the service. Discipline of Employees will be consistent with applicable laws, regulations and this Agreement, and be administered in a fair and equitable manner and based on just cause.
XXXXXXX FACTORS. The Twelve (12) relevant factors set forth by the Merit System Protection Board are as follows:
XXXXXXX FACTORS. The Employer agrees to fully apply the relevant “Xxxxxxx factors” when administering disciplinary and adverse actions to bargaining unit employees. The Xxxxxxx factors are:
XXXXXXX FACTORS. 1. In determining the appropriate remedy, penalty, or punishment, the Agency will observe the principles of ‘like penalties for like offenses in like circumstance’ as outlined in the ‘Xxxxxxx Factors.’ Management must establish the penalty selected does not clearly exceed the limits of reasonableness.
XXXXXXX FACTORS. 3.1. In deciding what action may be appropriate, the Employer will give due consideration to the relevance of any mitigating and/or aggravating circumstances.
XXXXXXX FACTORS. When determining the appropriate penalty for an adverse action regarding an employee’s misconduct, Deciding Officials take into consideration factors set forth in Xxxxxxx x. Veterans Administration, also known as the Xxxxxxx Factors. The Xxxxxxx Factors look at the reasonableness and appropriate penalty by weighing each relevant factor as mitigating, aggravating, or neutral. Not all factors will be relevant in every matter. Due Process. Due Process is the process by which an employee has received the Agency’s charges, an explanation of the Agency’s evidence and a reasonable opportunity to reply. The reply period for a proposed suspension of 14 days or less, is 14 calendar days. The reply period for a proposed adverse action is, 21 calendar days. Efficiency of the Service. The grounds for the action relate to either the employee’s ability to accomplish his/her duties satisfactorily, or some other legitimate government interest. Equal Employment Opportunity Commission (EEOC). An independent agency responsible for enforcing Federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. Federal Employees Compensation Act (FECA). FECA provides coverage to Federal Civilian employees who have sustained a work-related injury or disease, by providing the affected employee appropriate monetary and/or medical benefits and help in returning to work. Monetary benefits include compensation for lost wages and permanent impairment. Medical benefits provided to injured Federal employees under FECA, include payment for reasonable and necessary medical treatment for the work-related injury or disease that the Office of Workers’ Compensation Program (OWCP) considers likely to cure, relieve or lessen the period of disability. Flexible Employees Work Schedule. A flexible work schedule (FWS) are those hours in which an employee is approved to work an FWS, may choose to vary his or her times of arrival to and departure from the work site, consistent with the duties and requirements of the position. The Agency may establish limitations on when basic work requirements hours may be performed, that is, the days of the week on which an employee may perform such hours and limits on the number of such hours on a given day.
XXXXXXX FACTORS. Section 4. Prior to issuing a proposed notice of disciplinary action, the official issuing the notice, or his/her designee, will conduct a preliminary investigation to obtain pertinent facts relating to the circumstances generating the disciplinary action. If necessary in developing the facts, the investigation will include a discussion with the affected employee. The employee who is the subject of the investigation is entitled, upon request, to Union representation at investigative meetings where the employee is present and which are conducted by the Employer.
XXXXXXX FACTORS. In arriving at its written decision on any proposed disciplinary or adverse action, the Agency shall comply with applicable law, regulations and the terms of this agreement. As required by 5 CFR Part 752, the Agency will consider only the reasons specified in the notice of proposed action and any answer of the employee and/or the representative made to the Deciding Official, along with any medical documentation provided. The Agency shall also consider the Xxxxxxx factors, which are attached to this Article as Appendix A.
XXXXXXX FACTORS. The Employer will apply the relevant Xxxxxxx factors when determining a penalty for actions taken under Section 13-4 of this Article. The Xxxxxxx factors are:
XXXXXXX FACTORS. A. Factors (often referred to as the “Xxxxxxx factors”) may be relevant considerations in determining the appropriateness of a penalty in an adverse action case. Without purporting to be exhaustive, the factors generally recognized at the time of execution of this Agreement as being relevant to the setting of the penalty include the following:
