CORRECTIVE, DISCIPLINARY AND ADVERSE ACTIONS. SECTION 1. This article applies to employees covered under the CMLA as described by the Federal Labor Relations Authority (FLRA). The Employer and the Council recognize that the public interest requires maintenance of efficient operations through high standards of conduct and impartial enforcement of laws, rules, and regulations; and that discipline is a managerial tool intended to correct deficiencies in employee behavior. Disciplinary and adverse actions will be timely and taken against an employee to promote the efficiency of the service. Disciplinary actions are effected for personal cause, i.e., the action stems directly from the actions of the affected employee. Disciplinary and adverse actions will be timely and taken against an employee only for just cause as will promote the efficiency of the service. NAF flexible category employees are not covered by this article.
SECTION 2. In keeping with the concept of progressive discipline, actions imposed should be the minimum, in the judgment of the disciplining official, which can reasonably be expected to correct and improve employee behavior and maintain discipline and morale among employees. All circumstances being the same in an Activity disciplinary or adverse action case, the concept of like remedies for like offenses will be applied. This provision shall not prevent the Employer from taking any appropriate action deemed necessary. The Activity’s Schedule of Offenses and Recommended Remedies should be used as a guide by deciding officials. Written decisions in disciplinary/adverse actions shall not increase the penalty proposed in the advance notice.
SECTION 3. Employees have the right to request representation in any examination of the employee by a representative of the Employer in connection with an investigation, if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation. The employee may request representation before the meeting or at a later time in accordance with the Xxxxxxxxxx decision. Once requested, the Employer will stop the meeting and request a representative. The union representative is not limited to the role of an observer during the examination. During the meeting the union representative can request that the employee be given some indication of what the investigation is about (e.g. theft, workplace disputes, tardiness, etc.); be given a reasonable amount of time to speak with the employe...
CORRECTIVE, DISCIPLINARY AND ADVERSE ACTIONS. Section 1 The parties agree the public interest requires upholding efficient operations through high standards of conduct and impartially enforcing laws, rules, and regulations. Discipline is a managerial tool intended to correct employee misconduct and/or deficiencies in performance. To promote the efficiency of the service, the Agency will take the appropriate actions in accordance with applicable regulations and this Agreement.
Section 2 Employees may utilize the services available through the Employee Assistance Program (EAP), as outlined in Article 11.
Section 3 Verbal or written counseling is a corrective action used to notify an employee that a particular incident or action is inappropriate or impermissible. When taking a subsequent disciplinary action, the Agency will not consider verbal counseling as a prior offense; however, the Agency can use written counseling to show an employee was on clear notice for a particular issue or disciplinary offense. The supervisor will maintain documentation of counseling for up to one (1) year in the supervisor’s file. After the one (1) year period, the supervisor will not reference the written counseling in any further disciplinary action unless it was used to support an action within the one year. There is no statutory right to representation at a counseling meeting where no disciplinary action is being discussed.
Section 4 Disciplinary actions are official reprimands and suspensions of fourteen (14) calendar days or less. Such actions must be taken to promote efficiency of service, and they are grievable through the negotiated grievance procedures. The Agency will take disciplinary actions in accordance with applicable regulations and this Agreement:
