Common use of Definitions and Rights Clause in Contracts

Definitions and Rights. 20.1.1 Within the parameters as set forth in the following Sections of this Article XX, the District shall maintain the right to warn, reprimand, suspend, demote or discharge any unit member only for cause. 20.1.2 Discipline includes counseling sessions, written warnings, written reprimands, suspensions without pay, demotions, reduction in step or compensation, or dismissals for cause. Disciplinary procedures must be initiated no later than ninety (90) calendar days following the occurrence or knowledge by the district of said incident. In the case where a unit member demonstrates either continuing or repeated problems, or several infractions which all relate to one of the causes delineated in Section 20.1.6 below, the unit member may be disciplined on all such incidents occurring within a two (2) year period preceding the filing of the notice of cause. Any documentation regarding incidents of misconduct which occurred during this two (2) year period preceding the filing of the notice of cause must have already been placed in the unit member’s official personnel file. All documentation of misconduct resulting in discipline must be placed in the unit member’s official personnel file within thirty (30) days of the imposition of the discipline. No reprisal of any kind shall be taken against a unit member based upon materials, which are not in the personnel file in the central Human Resources office. No disciplinary action shall be taken for any cause that arose prior to the unit member becoming permanent or for any cause that arose two (2) years before the date of filing of the notice of cause, unless the cause was concealed or not disclosed by the unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. 20.1.3 When problems arise in the performance of assigned duties and responsibilities, the District will make reasonable attempts to assist the unit member in correcting those problems. When discipline is warranted, such discipline shall be: 1. Administered progressively; 2. Based upon thorough investigations of allegations of misconduct; 3. Proportionate to the alleged offense. Nothing herein shall limit the District’s ability to respond to serious offenses by taking action not usually prescribed as an initial step in a progressive discipline process. 20.1.4 Unit members shall be free from disciplinary action without proper regard for due process as defined in this Article and as required by law. The burden of proof shall at all times remain with the District. 20.1.5 A unit member absent from duty without authorized leave for five (5) consecutive working days shall be considered to have voluntarily resigned, and shall be so notified in writing. The affected unit member shall be provided the opportunity to meet with her/his supervisor if a request for such a meeting is made within five

Appears in 1 contract

Samples: Food Services Agreement

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Definitions and Rights. 20.1.1 Within the parameters as set forth in the following Sections of this Article XX, the District shall maintain the right to warn, reprimand, suspend, demote or discharge any unit member only for cause. 20.1.2 Discipline includes counseling sessions, written warnings, written reprimands, suspensions without pay, demotions, reduction in step or compensation, or dismissals for cause. Disciplinary procedures must be initiated no later than ninety (90) calendar days following the occurrence or knowledge by the district District of said incident. In the case where a unit member demonstrates either continuing or repeated problems, or several infractions which all relate to one of the causes delineated in Section 20.1.6 below, the unit member may be disciplined on all such incidents occurring within a two (2) year period preceding the filing of the notice of cause. Any documentation regarding incidents of misconduct which occurred during this two (2) year period preceding the filing of the notice of cause must have already been placed in the unit member’s official personnel file. All documentation of misconduct resulting in discipline must be placed in the unit member’s official personnel file within thirty (30) days of the imposition of the discipline. No reprisal of any kind shall be taken against a unit member based upon materials, which are not in the personnel file in the central Human Resources officeOffice. No disciplinary action shall be taken for any cause that arose prior to the unit member becoming permanent or for any cause that arose two (2) years before the date of filing of the notice of cause, unless the cause was concealed or not disclosed by the unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. 20.1.3 When problems arise in the performance of assigned duties and responsibilities, the District will make reasonable attempts to assist the unit member in correcting those problems. When discipline is warranted, such discipline shall be: 1. Administered progressively; 2. Based upon thorough investigations of allegations of misconduct; 3. Proportionate to the alleged offense. Nothing herein shall limit the District’s ability to respond to serious offenses by taking action not usually prescribed as an initial step in a progressive discipline process. 20.1.4 Unit members shall be free from disciplinary action without proper regard for due process as defined in this Article and as required by law. The burden of proof shall at all times remain with the District. 20.1.5 A unit member absent from duty without authorized leave for five (5) consecutive working days shall be considered to have voluntarily resigned, and shall be so notified in writing. The affected unit member shall be provided the opportunity to meet with her/his supervisor if a request for such a meeting is made within five

Appears in 1 contract

Samples: Collective Bargaining Agreement

Definitions and Rights. 20.1.1 Within the parameters as set forth in the following Sections of this Article XX, the District shall maintain the right to warn, reprimand, suspend, demote or discharge any unit member only for cause. 20.1.2 Discipline includes counseling sessions, written warnings, written reprimands, suspensions without pay, demotions, reduction in step or compensation, or dismissals for cause. Disciplinary procedures must be initiated no later than ninety (90) calendar days following the occurrence or knowledge by the district District of said incident. In the case where a unit member demonstrates either continuing or repeated problems, or several infractions which all relate to one of the causes delineated in Section 20.1.6 below, the unit member may be disciplined on all such incidents occurring within a two (2) year period preceding the filing of the notice of cause. Any documentation regarding incidents of misconduct which occurred during this two (2) year period preceding the filing of the notice of cause must have already been placed in the unit member’s official personnel file. All documentation of misconduct resulting in discipline must be placed in the unit member’s official personnel file within thirty (30) days of the imposition of the discipline. No reprisal of any kind shall be taken against a unit member based upon materials, which are not in the personnel file in the central Human Resources officeOffice. No disciplinary action shall be taken for any cause that arose prior to the unit member becoming permanent or for any cause that arose two (2) years before the date of filing of the notice of cause, unless the cause was concealed or not disclosed by the unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. 20.1.3 When problems arise in the performance of assigned duties and responsibilities, the District will make reasonable attempts to assist the unit member in correcting those problems. When discipline is warranted, such discipline shall be: 1. Administered progressively; 2. Based upon thorough investigations of allegations of misconduct; 3. Proportionate to the alleged offense. Nothing herein shall limit the District’s ability to respond to serious offenses by taking action not usually prescribed as an initial step in a progressive discipline process. 20.1.4 Unit members shall be free from disciplinary action without proper regard for due process as defined in this Article and as required by law. The burden of proof shall at all times remain with the District. 20.1.5 A unit member absent from duty without authorized leave for five (5) consecutive working days shall be considered to have voluntarily resigned, and shall be so notified in writing. The affected unit member shall be provided the opportunity to meet with her/his supervisor if a request for such a meeting is made within five

Appears in 1 contract

Samples: Collective Bargaining Agreement

Definitions and Rights. 20.1.1 Within the parameters as set forth in the following Sections of this Article XX, the District shall maintain the right to warn, reprimand, suspend, demote or discharge any unit member only for cause. 20.1.2 Discipline includes counseling sessions, written warnings, written reprimands, suspensions without pay, demotions, reduction in step or compensation, or dismissals for cause. Disciplinary procedures must be initiated no later than ninety (90) calendar days following the occurrence or knowledge by the district of said incident. In the case where a unit member demonstrates either continuing or repeated problems, or several infractions which all relate to one of the causes delineated in Section 20.1.6 below, the unit member may be disciplined on all such incidents occurring within a two (2) year period preceding the filing of the notice of cause. Any documentation regarding incidents of misconduct which occurred during this two (2) year period preceding the filing of the notice of cause must have already been placed in the unit member’s official personnel file. All documentation of misconduct resulting in discipline must be placed in the unit member’s official personnel file within thirty (30) days of the imposition of the discipline. No reprisal of any kind shall be taken against a unit member based upon materials, which are not in the personnel file in the central Human Resources office. No disciplinary action shall be taken for any cause that arose prior to the unit member becoming permanent or for any cause that arose two (2) years before the date of filing of the notice of cause, unless the cause was concealed or not disclosed by the unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. 20.1.3 When problems arise in the performance of assigned duties and responsibilities, the District will make reasonable attempts to assist the unit member in correcting those problems. When discipline is warranted, such discipline shall be: 1. Administered progressively; 2. Based upon thorough investigations of allegations of misconduct; 3. Proportionate to the alleged offense. Nothing herein shall limit the District’s ability to respond to serious offenses by taking action not usually prescribed as an initial step in a progressive discipline process. 20.1.4 Unit members shall be free from disciplinary action without proper regard for due process as defined in this Article and as required by law. The burden of proof shall at all times remain with the District. 20.1.5 A unit member absent from duty without authorized leave for five (5) consecutive working days shall be considered to have voluntarily resigned, and shall be so notified in writing. The affected unit member shall be provided the opportunity to meet with her/his supervisor if a request for such a meeting is made within fivefive (5) working days of the proof of mailing of the notice. If, after this meeting with her/his supervisor, the unit member believes that separation from the District was not justified, he/she shall have the right to request mediation by the State Mediation and Conciliation Service. If the parties fail to reach a mediated agreement, the mediator shall be asked to issue a definitive ruling. 20.1.6 No permanent unit member shall be dismissed or disciplined except for one or more of the following causes: 1. Intentionally falsifying information supplied on District personnel records or any other District records; 2. Absence from assigned District work without reasonable cause and proper authority; or failure to report to District work after leave of absence has expired, or after such leave of absence has been disapproved or revoked and canceled. 3. Threatening, coercing, intimidating, assaulting, or interfering with employees or supervisors at any time, or in any way violating District policies and procedures relating to workplace violence; 4. Unauthorized soliciting or collecting of contributions on District premises; 5. Unauthorized distribution of literature, or written or printed matter in an area of the District not authorized for the public; 6. Misuse or unauthorized removal from District premises of records, equipment, files, documents, or confidential information; 7. Theft or misappropriation of property of employees or of the District; 8. Permanent or chronic physical ailment or defect which, subsequent to the exhaustion of all paid sick leave, incapacitates the unit member from the proper performance of essential job functions even with accommodations; 9. Conviction of a criminal offense involving moral turpitude, which shall be construed to mean any act of baseness, vileness or depravity; or any act contrary to justice and honesty; or any act done with deception, or through corrupt motives. The commission or conviction of certain minor offenses do not fall within the scope of this definition; 10. Negligence or willful misconduct during assigned work hours or on District premises which has caused damage to public property or a waste of District supplies;

Appears in 1 contract

Samples: Food Services Agreement

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Definitions and Rights. 20.1.1 Within the parameters as set forth in the following Sections of this Article XX, the District shall maintain the right to warn, reprimand, suspend, demote or discharge any unit member only for cause. 20.1.2 . Discipline includes counseling sessions, written warnings, written reprimands, suspensions without pay, demotions, reduction in step or compensation, or dismissals for cause. Disciplinary procedures must be initiated no later than ninety (90) calendar days following the occurrence or knowledge by the district District of said incident. In the case where a unit member demonstrates either continuing or repeated problems, or several infractions which all relate to one of the causes delineated in Section 20.1.6 below, the unit member may be disciplined on all such incidents occurring within a two (2) year period preceding the filing of the notice of cause. Any documentation regarding incidents of misconduct which occurred during this two (2) year period preceding the filing of the notice of cause must have already been placed in the unit member’s official personnel file. All documentation of misconduct resulting in discipline must be placed in the unit member’s official personnel file within thirty (30) days of the imposition of the discipline. No reprisal of any kind shall be taken against a unit member based upon materials, which are not in the personnel file in the central Human Resources officeOffice. No disciplinary action shall be taken for any cause that arose prior to the unit member becoming permanent or for any cause that arose two (2) years before the date of filing of the notice of cause, unless the cause was concealed or not disclosed by the unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. 20.1.3 When problems arise in the performance of assigned duties and responsibilities, the District will make reasonable attempts to assist the unit member in correcting those problems. When discipline is warranted, such discipline shall be: 1. Administered progressively; 2. Based upon thorough investigations of allegations of misconduct; 3. Proportionate to the alleged offense. Nothing herein shall limit the District’s ability to respond to serious offenses by taking action not usually prescribed as an initial step in a progressive discipline process. 20.1.4 Unit members shall be free from disciplinary action without proper regard for due process as defined in this Article and as required by law. The burden of proof shall at all times remain with the District. 20.1.5 A unit member absent from duty without authorized leave for five (5) consecutive working days shall be considered to have voluntarily resigned, and shall be so notified in writing. The affected unit member shall be provided the opportunity to meet with her/his supervisor if a request for such a meeting is made within five

Appears in 1 contract

Samples: Collective Bargaining Agreement

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