CONTESTING DISCIPLINE Clause Samples
CONTESTING DISCIPLINE. In the event an employee in the bargaining unit shall receive a written warning, be suspended from work for disciplinary reasons, or is discharged from their employment after the date hereof, and they believes that the discipline was unjustified, such discipline shall constitute a case arising under the Grievance Procedure, provided a written grievance with respect thereto is presented to the Chief or designated representative within five (5) regularly scheduled working days after receipt of the written warning, notice of discharge, or after the start of an unpaid suspension. Grievances involving suspensions or discharges shall be initially filed at the Second Step (Human Resources Director or designee) within five (5) regularly scheduled work days of the date of imposition of the suspension or discharge.
(a) The Employer agrees to promptly notify in writing the employee’s Grievance Chairperson (or, in their absence, the Grievance Committee person) of any suspension or discharge.
(b) A suspended or discharged employee, if they so desires, will be allowed to discuss the suspension or discharge with the Grievance Chairperson (or, if they are not readily available, with their Grievance Committee person) before being required to leave the property of the Employer.
(c) It is understood and agreed that when an employee files a grievance with respect to a disciplinary action, the act of filing such grievance shall require the release of relevant information available to the employer concerning the alleged offense to participants in the grievance procedure, if requested. Such requests by the KPSOA will be made in writing to the employer. The employer will have ten (10) business days to provide the requested information. If the requested information cannot be produced or is denied, the employer will respond in writing to the KPSOA with the reason for the denial. Such filing shall further constitute a release of the Employer from any and all claimed liability by reason of such disclosure.
(d) Any employee covered by this Agreement may view the contents of their personnel file which is located in the Human Resources Department in the presence of a member of the Human Resources staff at any reasonable time, upon request.
CONTESTING DISCIPLINE. If an employee wishes to contest recommended discipline, the Chief of Police or the Chiefs designee will hold an Administrative Review meeting with the employee and the employee's Union representatives. Upon completion of the Administrative Review, the Chief of Police will issue a Final Decision as to discipline ("Final Decision"), and notify the affected employee and the Labor Council in writing. At the employee's option, disciplinary action against the employee may be contested either through the arbitration procedure in Sub-section (b) below or through the Joliet Board of Fire and Police Commissioners (BOFPC), but not both. In order to exercise this option, an officer must execute an Election, Waiver and Release form ("Election Form") agreed to by the parties to this Collective Bargaining Agreement (attached as Appendices "G" and "H"). The Election Forms shall be given to the officer at the time the officer is formally notified of the Final Decision. The employee shall have five (5) business days (Monday through Friday, excluding weekends and holidays) upon receipt of Election Forms to tender an executed Election Form to the Chief or the Chiefs designee. The employee need only execute and submit one form, either form “G” or “H”, whichever appropriately reflects the option elected. If the employee selects arbitration as the method of contesting the proposed discipline, the Election Form shall constitute a grievance, which shall be deemed filed at the arbitration Step. The Chief of Police has the right and discretion to impose discipline immediately upon the issuance of a Final Decision, including suspensions of more than five (5) working days and termination. In those cases where arbitration has been selected, the Labor Council shall file with the City its notice of intent to arbitrate the case ("Arbitration Notice"), not more than five (5) business days following the issuance of the Final Decision. Arbitration of discipline cases will be expedited directly to the procedure described herein below, and there shall be no intervening Steps. If the Final Decision includes a suspension of more than thirty (30) working days or termination, and the employee elected on the Election Form to have the case heard by the BOFPC, then the Chief must file the appropriate charges before the BOFPC. If an officer or the Labor Council fails to timely file the Election Form or the Arbitration Notice, such failure shall be deemed a waiver of the right to contest or appeal the...