Common use of Criminal Investigations Clause in Contracts

Criminal Investigations. A bargaining unit member who is to be questioned as suspect in any investigation where criminal charges may result shall be advised of his constitutional rights in accordance with the law. Any employee under indictment, arrested for a crime, or otherwise charged with the violation of any criminal statute who is not disciplined or discharged by the Employer, may be placed on a leave of absence without pay until resolution of such charges. An employee may use accrued vacation or holiday time during the leave. An employee who is found guilty by any court of competent jurisdiction or who enters into a plea Agreement as a consequence of any criminal charges shall be summarily discharged, notwithstanding any appeal the employee may pursue. Alternatively, the Employer may take disciplinary action against the employee which action shall be subject to appeal by the employee pursuant to the provisions of this Agreement.

Criminal Investigations. A bargaining unit member who is to be questioned as a suspect in any investigation where criminal charges may result shall be advised of his constitutional rights in accordance with the law. Any employee under indictment, arrested for a crime, or otherwise charged with the violation of any criminal statute statute, who is not disciplined or discharged by the Employer, may be placed on a leave of absence without pay until resolution of such charges. An employee may use accrued vacation or holiday time during the leave. An employee who is found guilty by any court of competent jurisdiction or who enters into a plea Agreement agreement as a consequence of any criminal charges shall may be summarily dischargeddisciplined up to and including discharge, notwithstanding any appeal the employee may pursue. Alternatively, the Employer may take disciplinary action against the employee which action shall to be subject to appeal determined by the Employer. The findings of a criminal court shall not be binding upon or set precedent for discipline issued an employee pursuant to and an arbitrator may not consider the provisions findings of this Agreementa criminal court.