Corrective Action/Discharge. A. An employee may receive corrective action for just cause. B. Employees shall have the right to Union representation at all hearings to determine corrective action and conferences that may result in corrective action, or may choose to present their own case; however, a representative may not be employed by another union or union-like organization. C. It is agreed that corrective actions shall be taken according to the seriousness of the offense and that the basic purpose of such action is corrective and not punitive. The University shall administer progressive corrective action that provides the employee the opportunity to understand a problem and the steps necessary to improve identifiable deficiencies. D. Corrective action may be in the form of, but not necessarily start at, oral reprimands, written conference reports, written reprimands, suspensions up to thirty (30) calendar days, demotion and/or discharge. E. Employees subject to all written corrective action (up to and including dismissal) shall receive notification of the actions in writing. Copies of written corrective action (conference reports and reprimands) shall be sent to the Union if the employee authorized, in writing, that such copy be sent. F. Employees who are subject to corrective action (except for failure to qualify at the end of their probationary period) that immediately results in a suspension, demotion or dismissal shall have a hearing by an impartial hearing officer prior to the imposition of said action. All charges against the employee shall be in writing (charge letter) and specifically state in detail the alleged infraction and the anticipated corrective action. Copies of charge letters will be provided to the Union. If facts arise during investigation that causes the anticipated corrective action to be revised, nothing shall prohibit such revision. The employee against whom charges are issued, or the University, shall have the right to one continuance of the scheduled hearing. Such continuance must be requested at least one (1) working day in advance of the scheduled hearing. Such continuance shall not exceed fourteen (14) calendar days. An administrative hearing may be waived by using the following procedure: A waiver shall be in writing and signed by both the employee and the Union representative. The waiver shall include the corrective action to be imposed prior to obtaining signatures. When an administrative hearing is waived pursuant to the above, the employee cannot grieve the corrective action imposed. A written waiver of rights to the hearing will subject the employee to the immediate imposition of the corrective action by the University. Corrective action involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision, unless the employee had waived rights to a hearing as specified heretofore. The hearing officer may impose warning letters in place of suspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. Where there is a hearing officer's report, the employee shall be notified of the decision with copies forwarded to the Union office. Should an employee decide to file a grievance over action taken as the result of a hearing, such grievance shall be initiated at Step Three (3) of the grievance procedure within ten (10) working days of the personal delivery or certified mailing of the notice of the action. G. All other corrective action, i.e., written conference reports/reprimands, may be imposed without a hearing and are subject only to the grievance procedure. In such situations, the supervisor shall hold a counseling session with the employee concerning the specific problem. The problem shall be identified, the reasons for the action or inaction discussed and an objective communicated. The supervisor may request the employee to sign the report or reprimand, but only to signify receipt. H. The University reserves the right to terminate employment for the following reasons: 1. Voluntary resignation; 2. Discharge for just cause as set forth in this Article, Section 2, A. 3. Failure to return from a leave of absence within seven (7) calendar days of the issuance of a certified letter from the University. 4. Failure to return from a layoff within seven (7) calendar days of the issuance of a certified letter from the University. 5. Absence from work for three (3) or more consecutive scheduled work shifts without the employee's having contacted her supervisor or supervisor's designated representative. Should a question arise as to the employee's ability to contact any of those specified above, such matters shall be subject to the grievance procedure. 6. Acceptance of another position while on authorized leave, except as approved by the office of Labor Relations. 7. Terminations of non-probationary employees are subject to the grievance procedure except as prohibited by Section C of this Article.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action/Discharge. A. An employee may receive progressive corrective action for just cause.
B. Employees shall have the right to Union representation at all hearings to determine corrective action and conferences that may result in corrective action, or may choose to present their own case; however, a representative may not be employed by another union or union-like organization.
C. Just Cause. See Appendix 9 for Just Cause guidelines. It is agreed that progressive corrective actions shall be taken according to the seriousness of the offense and that the basic purpose of such action is corrective and not punitive. The University shall administer progressive corrective correction action that provides the employee the opportunity to understand a problem and the steps necessary to improve identifiable deficiencies.
D. Corrective B. Progressive correction action may be in the form of, but not necessarily start at, oral reprimandswritten conference report, written conference reportsreprimand, written reprimands, suspensions up to thirty (30) calendar dayssuspension, demotion and/or discharge.
E. Employees subject to all written corrective action (up to and including dismissal) shall receive notification of the actions in writing. Copies of written corrective action (conference reports and reprimands) shall be sent to the Union if the employee authorized, in writing, that such copy be sent.
F. C. Employees who are subject to corrective action (except for failure to qualify at the end of their probationary period) that immediately results in a suspension, demotion or dismissal shall have a hearing by an impartial a hearing officer prior to the imposition of said corrective action. All charges against the employee shall be in writing (charge letter) and specifically state in detail the alleged infraction.
D. Charges which may lead to an administrative hearing must be brought against an employee for an alleged infraction and within fourteen (14) working days of the anticipated corrective actiontime by which the employer becomes aware of the alleged infraction. Copies It is understood that the charges may be for a series of charge letters will be provided events that could have occurred prior to the Unionlatest event and are of the same nature. If facts arise during investigation For the purposes of this Article it is understood that causes University Holidays are excluded from calculation of calendar days.
E. Where there are charges against the anticipated corrective action employee, the employee shall be presumed to be revised, nothing innocent. The burden of proof shall prohibit such revisionbe on the employer. The employee against whom charges are issued, or the University, their representative shall have the right to one continuance confront and question the accuser; the right to call and examine witnesses in the employee's behalf; and, upon consent of the scheduled employee, the right to have all pertinent records made available prior to the hearing. Such continuance .
F. A hearing on any charges against an employee must be requested at least conducted within twenty-one (1) working day in advance of the scheduled hearing. Such continuance shall not exceed fourteen (14) calendar days. An administrative hearing may be waived by using the following procedure: A waiver shall be in writing and signed by both the employee and the Union representative. The waiver shall include the corrective action to be imposed prior to obtaining signatures. When an administrative hearing is waived pursuant to the above, the employee cannot grieve the corrective action imposed. A written waiver of rights to the hearing will subject the employee to the immediate imposition of the corrective action by the University. Corrective action involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision, unless the employee had waived rights to a hearing as specified heretofore. The hearing officer may impose warning letters in place of suspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. Where there is a hearing officer's report, the employee shall be notified of the decision with copies forwarded to the Union office. Should an employee decide to file a grievance over action taken as the result of a hearing, such grievance shall be initiated at Step Three (3) of the grievance procedure within ten (1021) working days of the personal delivery or certified mailing of the notice of the action.
G. All other corrective action, i.e., written conference reports/reprimands, may be imposed without a hearing and are subject only to the grievance procedure. In such situations, the supervisor shall hold a counseling session with the employee concerning the specific problemcharge notice. The problem shall hearing officer must be identified, the reasons for the action or inaction discussed and an objective communicatedimpartial. The supervisor may request the employee to sign the report or reprimand, but only to signify receipt.
H. The University reserves the right to terminate employment for the following reasons:
1. Voluntary resignation;
2. Discharge for just cause as set forth in this Article, Section 2, A.
3. Failure to return from hearing officer shall render a leave of absence decision within seven (7) calendar days of the issuance of a certified letter from the University.
4. Failure to return from a layoff within seven (7) calendar days of the issuance of a certified letter from the University.
5. Absence from work for three (3) or more consecutive scheduled work shifts without the employee's having contacted her supervisor or supervisor's designated representative. Should a question arise as to the employee's ability to contact any of those specified above, such matters shall be subject to the grievance procedure.
6. Acceptance of another position while on authorized leave, except as approved by the office of Labor Relations.
7. Terminations of non-probationary employees are subject to the grievance procedure except as prohibited by Section C of this Article.seven
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Corrective Action/Discharge. A. An employee may receive progressive corrective action for just cause.
B. Employees shall have the right to Union representation at all hearings to determine corrective action and conferences that may result in corrective action, or may choose to present their own case; however, a representative may not be employed by another union or union-like organization.
C. Just Cause. See Appendix 9 for Just Cause guidelines. It is agreed that progressive corrective actions shall be taken according to the seriousness of the offense and that the basic purpose of such action is corrective and not punitive. The University shall administer progressive corrective correction action that provides the employee the opportunity to understand a problem and the steps necessary to improve identifiable deficiencies.
D. Corrective B. Progressive correction action may be in the form of, but not necessarily start at, oral reprimandswritten conference report, written conference reportsreprimand, written reprimands, suspensions up to thirty (30) calendar dayssuspension, demotion and/or discharge.
E. Employees subject to all written corrective action (up to and including dismissal) shall receive notification of the actions in writing. Copies of written corrective action (conference reports and reprimands) shall be sent to the Union if the employee authorized, in writing, that such copy be sent.
F. C. Employees who are subject to corrective action (except for failure to qualify at the end of their probationary period) that immediately results in a suspension, demotion or dismissal shall have a hearing by an impartial a hearing officer prior to the imposition of said corrective action. All charges against the employee shall be in writing (charge letter) and specifically state in detail the alleged infraction.
X. Xxxxxxx which may lead to an administrative hearing must be brought against an employee for an alleged infraction and within fourteen (14) calendar days of the anticipated corrective actiontime by which the employer becomes aware of the alleged infraction. Copies It is understood that the charges may be for a series of charge letters will be provided events that could have occurred prior to the Unionlatest event and are of the same nature. If facts arise during investigation For the purposes of this Article it is understood that causes University Holidays are excluded from calculation of calendar days.
E. Where there are charges against the anticipated corrective action employee, the employee shall be presumed to be revised, nothing innocent. The burden of proof shall prohibit such revisionbe on the employer. The employee against whom charges are issued, or the University, their representative shall have the right to one continuance confront and question the accuser; the right to call and examine witnesses in the employee's behalf; and, upon consent of the scheduled employee, the right to have all pertinent records made available prior to the hearing.
X. A hearing on any charges against an employee must be conducted within twenty-one (21) working days of the charge notice. The hearing officer must be impartial. The hearing officer shall render a decision within seven (7) working days of the hearing. Such continuance must (Once a decision is rendered there shall be requested at least one (1no revisions.) working day The time limits may be extended, in advance writing, by mutual agreement of the scheduled hearing. Such continuance shall not exceed fourteen (14) calendar days. An administrative hearing may be waived by using the following procedure: A waiver shall be in writing and signed by both the employee and the Union representative. The waiver shall include the corrective action to be imposed prior to obtaining signatures. When an administrative hearing is waived pursuant to the above, the employee cannot grieve the corrective action imposedparties.
G. 1. A written waiver of rights to the hearing hearing, signed by the employee, department head, and Union president or designee, will subject the employee to the immediate imposition of the corrective action by the University. Corrective action involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision, unless the The employee had waived rights to a hearing as specified heretofore. The hearing officer may impose warning letters in place of suspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. Where there is a hearing officer's report, the employee shall be notified of the decision with copies forwarded to the Union office. Should an employee decide to file a grievance over action taken as the result of a hearing, such grievance shall be initiated at Step Three (3) of the grievance procedure within ten (10) working days of the personal delivery or certified mailing of the notice of the action.
G. All other corrective action, i.e., written conference reports/reprimands, may be imposed without a hearing and are subject only to the grievance procedure. In such situations, the supervisor shall hold a counseling session with the employee concerning the specific problem. The problem shall be identified, the reasons for the action or inaction discussed and an objective communicated. The supervisor may request the employee to sign the report or reprimand, but only to signify receipt.
H. The University reserves the right to terminate employment for the following reasons:
1. Voluntary resignation;
2. Discharge for just cause as set forth in this Article, Section 2, A.
3. Failure to return from a leave of absence within seven (7) calendar days of the issuance of a certified letter from the University.
4. Failure to return from a layoff within seven (7) calendar days of the issuance of a certified letter from the University.
5. Absence from work for three (3) or more consecutive scheduled work shifts without the employee's having contacted her supervisor or supervisor's designated representative. Should a question arise as to the employee's ability to contact any of those specified above, such matters shall be subject to the grievance procedure.
6. Acceptance of another position while on authorized leave, except as approved by the office of Labor Relations.
7. Terminations of non-probationary employees are subject to the grievance procedure except as prohibited by Section C of this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Corrective Action/Discharge. A. An employee may receive corrective action for just cause.
B. Employees shall have the right to Union representation at all hearings to determine corrective action and conferences that may result in corrective action, action or may choose to present their own case; however, a representative may not be employed by another union or union-like organization.
C. It is agreed that corrective actions shall be taken according to the seriousness of the offense and that the basic purpose of such action is corrective and not punitive. The University shall administer progressive corrective action that provides the employee the opportunity to understand a problem and the steps necessary to improve identifiable deficiencies.
D. Corrective action may be in the form of, but not necessarily start at, oral reprimands, written conference reports, written reprimands, suspensions up to thirty (30) calendar days, demotion and/or discharge.
E. Employees subject to all written corrective action (up to and including dismissal) shall receive notification of the actions in writing. Copies of written corrective action (conference reports and reprimands) shall be sent to the Union if the employee authorized, in writing, that such copy be sent.
F. Employees who are subject to corrective action (except for failure to qualify at the end of their probationary period) that immediately results in a suspension, demotion or dismissal shall have a hearing by an impartial hearing officer prior to the imposition of said action. All charges against the employee shall be in writing (charge letter) and specifically state in detail the alleged infraction and the anticipated corrective action. Copies of charge letters will be provided to the Union. If facts arise during investigation that causes the anticipated corrective action to be revised, nothing shall prohibit such revision. The employee against whom charges are issued, or the University, shall have the right to one continuance of the scheduled hearing. Such continuance must be requested at least one (1) working day in advance of the scheduled hearing. Such continuance shall not exceed fourteen (14) calendar days. An administrative hearing may be waived by using the following procedure: A waiver shall be in writing and signed by both the employee and the Union representative. The waiver shall include the corrective action to be imposed prior to obtaining signatures. When an administrative hearing is waived pursuant to the above, the employee cannot grieve the corrective action imposed. A written waiver of rights to the hearing will subject the employee to the immediate imposition of the corrective action by the University. Corrective action involving suspension, demotion, or dismissal shall be imposed by the hearing officer only after issuing the findings and decision, unless the employee had waived rights to a hearing as specified heretofore. The hearing officer may impose warning letters in place of suspensions. Such warning letters will carry the same weight as the suspension they replace and will be so evaluated in determining its appropriateness and in the assessment of any subsequent action. Where there is a hearing officer's report, the employee shall be notified of the decision with copies forwarded to the Union office. Should an employee decide to file a grievance over action taken as the result of a hearing, such grievance shall be initiated at Step Three (3) of the grievance procedure within ten (10) working days of the personal delivery or certified mailing of the notice of the action.
G. All other corrective action, i.e., written conference reports/reprimands, may be imposed without a hearing and are subject only to the grievance procedure. In such situations, the supervisor shall hold a counseling session with the employee concerning the specific problem. The problem shall be identified, the reasons for the action or inaction discussed and an objective communicated. The supervisor may request the employee to sign the report or reprimand, but only to signify receipt.
H. The University reserves the right to terminate employment for the following reasons:
1. Voluntary resignation;
2. Discharge for just cause as set forth in this Article, Section 2, A.
3. Failure to return from a leave of absence within seven (7) calendar days of the issuance of a certified letter from the University.
4. Failure to return from a layoff within seven (7) calendar days of the issuance of a certified letter from the University.
5. Absence from work for three (3) or more consecutive scheduled work shifts without the employee's having contacted her supervisor or supervisor's designated representative. Should a question arise as to the employee's ability to contact any of those specified above, such matters shall be subject to the grievance procedure.
6. Acceptance of another position while on authorized leave, except as approved by the office of Labor Relations.
7. Terminations of non-probationary employees are subject to the grievance procedure except as prohibited by Section C of this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement