CONTESTING DISCIPLINE Sample Clauses

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...
Sample 1
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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.
Sample 1
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 his or her employment after the date hereof, and he or she 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.
Sample 1

Related to CONTESTING DISCIPLINE

  • Enforce Discipline Contractor shall at all times enforce strict discipline and good order among its employees, Subcontractors, and others performing the Work, and shall not employ or permit the employment of unfit persons or persons not skilled in the task assigned to them.

  • School discipline The Parents accept the authority of the Headmaster and of other members of staff on the Headmaster's behalf to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of the Pupil and the School community as a whole. The School's policies on behaviour and discipline current at the time and published on the School website apply to all pupils at the School and at all times when the Pupil is in or at school, (including when engaged in online or remote learning), representing the School or wearing School uniform, travelling to or from School, on School-organised trips or associated with the School at any time. The policies shall also apply at all times and places in circumstances where failing to apply this policy may affect the health, safety or wellbeing of a member of the School community or a member of the public, have repercussions for the orderly running of the School or bring the School into disrepute.

  • Contest (a) If a written claim is made against a Tax Indemnitee for Taxes with respect to which Owner could be liable for payment or indemnity hereunder, or if a Tax Indemnitee makes a determination that a Tax is due for which Owner could have an indemnity obligation hereunder, such Tax Indemnitee shall promptly give Owner notice in writing of such claim (provided, that failure to so notify Owner shall not relieve Owner of its indemnity obligations hereunder unless such failure to notify effectively forecloses Owner's rights to require a contest of such claim) and shall take no action with respect to such claim without the prior written consent of Owner for 30 days following the receipt of such notice by Owner; provided, that, in the case of a claim made against a Tax Indemnitee, if such Tax Indemnitee shall be required by law to take action prior to the end of such 30-day period, such Tax Indemnitee shall, in such notice to Owner, so inform Owner, and such Tax Indemnitee shall take no action for as long as it is legally able to do so (it being understood that a Tax Indemnitee shall be entitled to pay the Tax claimed and xxx for a refund prior to the end of such 30-day period if (i)(A) the failure to so pay the Tax would result in substantial penalties (unless immediately reimbursed by Owner) and the act of paying the Tax would not materially prejudice the right to contest or (B) the failure to so pay would result in criminal penalties and (ii) such Tax Indemnitee shall take any action so required in connection with so paying the Tax in a manner that is the least prejudicial to the pursuit of the contest). In addition, such Tax Indemnitee shall (provided, that Owner shall have agreed to keep such information confidential other than to the extent necessary in order to contest the claim) furnish Owner with copies of any requests for information from any Taxing Authority relating to such Taxes with respect to which Owner may be required to indemnify hereunder. If requested by Owner in writing within 30 days after its receipt of such notice, such Tax Indemnitee shall, at the expense of Owner (including, without limitation, all reasonable costs, expenses and reasonable attorneys' and accountants' fees and disbursements), in good faith contest (or, if permitted by applicable law, allow Owner to contest) through appropriate administrative and judicial proceedings the validity, applicability or amount of such Taxes by (I) resisting payment thereof, (II) not paying the same except under protest if protest is necessary and proper or (III) if the payment is made, using reasonable efforts to obtain a refund thereof in an appropriate administrative and/or judicial proceeding. If requested to do so by Owner, the Tax Indemnitee shall appeal any adverse administrative or judicial decision, except that the Tax Indemnitee shall not be required to pursue any appeals to the United States Supreme Court. If and to the extent the Tax Indemnitee is able to separate the contested issue or issues from other issues arising in the same administrative or judicial proceeding that are unrelated to the transactions contemplated by the Operative Agreements without, in the good faith judgment of such Tax Indemnitee, adversely affecting such Tax Indemnitee, such Tax Indemnitee shall permit Owner to control the conduct of any such proceeding and shall provide to Owner (at Owner's cost and expense) with such information or data that is in such Tax Indemnitee's control or possession that is reasonably necessary to conduct such contest. In the case of a contest controlled by a Tax Indemnitee, such Tax Indemnitee shall consult with Owner in good faith regarding the manner of contesting such claim and shall keep Owner reasonably informed regarding the progress of such contest. A Tax Indemnitee shall not fail to take any action expressly required by this Section 8.3.4 (including, without limitation, any action regarding any appeal of an adverse determination with respect to any claim) or settle or compromise any claim without the prior written consent of the Owner (except as contemplated by Section 8.3.4(b) or (c)).

  • Student Discipline CONTRACTOR shall maintain and abide by a written policy for student discipline that is consistent with state and federal law and regulations. When CONTRACTOR seeks to remove a student from his/her current educational placement for disciplinary reasons, CONTRACTOR shall immediately submit a written discipline report to the LEA and a manifestation IEP team meeting shall be scheduled. Written discipline reports shall include, but not be limited to: the student’s name; the time, date, and description of the misconduct; the disciplinary action taken by CONTRACTOR; and the rationale for such disciplinary action. A copy of the student’s behavior plan, if any, shall be submitted with the written discipline report. CONTRACTOR and XXX agree to participate in a manifestation determination at an IEP meeting no later than the tenth (10th) day of suspension. CONTRACTOR shall notify and invite XXX representatives to the IEP team meeting where the manifestation determination will be made.

  • Discipline Disciplinary grievances will be initiated at the level at which the disputed action was taken.

  • Discipline for Cause No member shall be reduced in pay or position, suspended, removed, or reprimanded except for just cause. In the event of a grievance, employees shall appeal disciplinary actions which result in time-off without pay, or removal to Step Three of the grievance procedure within seven (7) calendar days after written notice of such action is served upon the affected member. Probationary removals or reductions are not appealable to the grievance procedure. Employees given written reprimands of record may, upon request, meet with the Chief Deputy and/or the Sheriff (or designee) to discuss the discipline. This meeting can be conducted with or without Union representation. The results of such meetings shall not be subject to appeal through the grievance procedure. If a member disagrees with the verbal or written reprimand, the member may write a memorandum to the Sheriff explaining the reason(s) for the disagreement. The memorandum will be attached to the reprimand.

  • Discipline for Just Cause Disciplinary action shall be taken only for just cause, however probationary employees may be discharged without just cause and shall have no right to grieve discharge (see Article 7, Probationary Period). Disciplinary action, except discharge, shall have as its purpose the correction or elimination of incorrect work-related behavior by an employee. Supervisors may not take disciplinary action against an employee who, in good faith, reports a violation of any federal or state law or regulation to a governmental body or law enforcement official. Disciplinary action may not be taken against an employee who is requested by a public agency to participate in an investigation, hearing, or inquiry, as well as an employee who refuses to participate in any activity that the employee, in good faith, believes violates state or federal law.

  • Teacher Discipline In the event the District takes a disciplinary action against a teacher, the standard to be applied is whether or not the disciplinary action was for just cause. It is specifically agreed that this section shall not apply to a decision by the Board to terminate a teacher or to not renew the contract of a teacher.

  • Discipline or Discharge ‌ No employee covered by this Agreement shall be discharged except for just cause. “Just cause” will include the concept of progressive discipline (such as verbal and written reprimands, the possibility of suspension and termination). Which level of progressive discipline the Employer will use in a situation will depend on the circumstances and severity of the regular employee’s conduct or work performance as evaluated by the Employer. Employees shall receive a copy of all progressive discipline warnings to be placed in their personnel file. Employees shall be required to sign the written warnings within forty-eight (48) hours for the sole purpose of acknowledging receipt thereof. The Employer agrees to provide a copy of the written disciplinary action to the Union within ninety-six (96) hours of issuance. The inadvertent failure to provide the Union with a copy of the disciplinary action will not be the basis to overturn the discipline for just cause. However, if such failure causes the Union to miss the deadline to file a grievance for the discipline, the deadline shall be extended for that amount of time. Progressive discipline will not be applied when the nature of the offense is just cause for immediate suspension or discharge. Employees who have been discharged by the Employer shall, upon request by the employee, be given a written statement of the cause of discharge by the Human Resources Department at the time of discharge or within a reasonable time thereafter. Employees may request in writing to have written disciplinary action in their personnel file removed if eighteen (18) months have passed without a related discipline. Such request will not be unreasonably denied.

  • Employee Discipline Appropriate sanctions must be applied against workforce 18 members who fail to comply with any provisions of CONTRACTOR’s privacy P&Ps, including 19 termination of employment where appropriate.

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