Candidates Who Have Been Suspended Sample Clauses

Candidates Who Have Been Suspended. ‌ The Chief has the discretion not to promote a candidate who has been the subject of a recent disciplinary investigation that has resulted in a disposition of proven and a suspension of twenty (20) days or more. A. If the disciplinary action resulting from the recent disciplinary investigation is finalized (there is no active grievance or pending Trial Board or Disciplinary Review Board (DRB) proceeding), the Chief may, upon notice to the candidate and the Association, exempt the candidate from consideration for promotion and the candidate will be removed from the eligible list. B. If the disciplinary action resulting from the recent disciplinary investigation is not finalized (there is an active grievance or pending Trial Board or DRB proceeding), the candidate will remain on the eligible list during the appeal. 1. If the candidate/Association is not successful with the appeal/grievance, the Chief, at his/her reasonable discretion, may exempt the candidate from consideration for promotion and the candidate will be removed from the eligible list. 2. If the candidate/Association is successful with the appeal/grievance and the Trial Board or DRB concludes that the Employer did not carry its burden of proving that the candidate was guilty of wrongdoing, the candidate will receive the next promotion and if promoted, will receive retroactive seniority and back pay to the date of the filling of the first position the candidate was passed over for. 3. If the candidate/Association is successful with the appeal/grievance and the Trial Board or DRB reduces the penalty to something less than a suspension of twenty (20) days, the candidate will receive the next promotion but the candidate will not receive retroactive seniority and back pay if promoted. The expiration of an eligible list shall not affect any obligation to consider a candidate for the next promotion under the provisions of Section 10.11.
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