Common use of DISCHARGE AND DISCIPLINARY ACTION Clause in Contracts

DISCHARGE AND DISCIPLINARY ACTION. A. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. B. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged without just cause. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. Should a seniority employee believe he/she has been unjustly discharged or disciplined, he/she may submit a grievance at the Step 2 level. Appeal to Step 3 in disciplinary matters involving seniority employees is limited to discharge and discipline involving loss of pay. The Board and the Association agree to the concept of progressive and corrective discipline for seniority employees. This means that the degree of discipline imposed should involve consideration of the nature and severity of the offense, the employee’s record, and other mitigating or aggravating factors. The parties further recognize and agree that progressive discipline does not require adherence to a rigid sequence of disciplinary measures, but rather that the factors enumerated above be considered before the Board determines what disciplinary penalty is appropriate in a particular case. C. Disciplinary action shall include: verbal warnings, written warnings, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated in the employee's personnel file. The employee who is the subject of the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. D. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) work days of the issuance of the disputed disciplinary action. Such response shall be placed in the bargaining unit member's personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. E. The following procedures shall be observed in the context of disciplinary action: 1. Oral or written notice will be given to the employee of the charges, circumstances, or complaint(s) which may result in disciplinary action. 2. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. 3. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. 4. The employee will be informed of the investigation results and what, if any, discipline will be imposed. F. The employee has the right to have a representative of the Association present at any meeting at which the employee is to be disciplined, provided that the meeting need not be delayed for an unreasonable time pending the arrival of such representative, and in no event shall the Board be restricted from taking such protective action as the Board may determine to be necessary to secure the rights of students and others pending the holding of the meeting.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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DISCHARGE AND DISCIPLINARY ACTION. A. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. B. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged without just cause. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. Should a seniority employee believe he/she has been unjustly discharged or disciplined, he/she may submit a grievance at the Step 2 level. Appeal to Step 3 in disciplinary matters involving seniority employees is limited to discharge and discipline involving loss of pay. The Board and the Association agree to the concept of progressive and corrective discipline for seniority employees. This means that the degree of discipline imposed should involve consideration of the nature and severity of the offense, the employee’s record, and other mitigating or aggravating factors. The parties further recognize and agree that progressive discipline does not require adherence to a rigid sequence of disciplinary measures, but rather that the factors enumerated above be considered before the Board determines what disciplinary penalty is appropriate in a particular case. C. Disciplinary action shall include: verbal warnings, written warnings, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated in the employee's personnel file. The employee who is the subject of the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. D. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) work days of the issuance of the disputed disciplinary action. Such response shall be placed in the bargaining unit member's personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. E. The following procedures shall be observed in the context of disciplinary action: 1. Oral or written notice will be given to the employee of the charges, circumstances, or complaint(s) which may result in disciplinary action. 2. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. 3. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. 4. The employee will be informed of the investigation results and what, if any, discipline will be imposed. F. The employee has the right to have a representative of the Association present at any meeting at which the employee is to be disciplined, provided that the meeting need not be delayed for an unreasonable time pending the arrival of such representative, and in no event shall the Board be restricted from taking such protective action as the Board may determine to be necessary to secure the rights of students and others pending the holding of the meeting. 2. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged for a reason that is arbitrary or capricious. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. 3. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. 4. Disciplinary action shall include: written warning, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated into the employee’s personnel file. The employee who is subject to the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. 5. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) working days of the issuance of the disputed action. Such response shall be placed in the unit member’s personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. 6. The following procedures shall be observed in the context of disciplinary action: a. Oral or written notice will be given to the employee of the charges. b. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. c. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. d. The employee will be informed of the investigation results and what discipline, if any, will be imposed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DISCHARGE AND DISCIPLINARY ACTION. A. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. B. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged without just cause. The Board will provide a discharged employee and the Association a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. Should a seniority employee believe he/she has been unjustly discharged or disciplined, he/she may submit a grievance at the Step 2 level. Appeal to Step 3 in disciplinary matters involving seniority employees is limited to discharge and discipline involving loss of pay. The Board and the Association agree to the concept of progressive and corrective discipline for seniority employees. This means that the degree of discipline imposed should involve consideration of the nature and severity of the offense, the employee’s record, and other mitigating or aggravating factors. The parties further recognize and agree that progressive discipline does not require adherence to a rigid sequence of disciplinary measures, but rather that the factors enumerated above be considered before the Board determines what disciplinary penalty is appropriate in a particular case. C. Disciplinary action shall include: verbal warnings, written warnings, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated in the employee's personnel file. The employee who is the subject of the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. D. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) work days of the issuance of the disputed disciplinary action. Such response shall be placed in the bargaining unit member's personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. E. The following procedures shall be observed in the context of disciplinary action: 1. Oral or written notice will be given to the employee of the charges, circumstances, or complaint(s) which may result in disciplinary action. 2. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. 3. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. 4. The employee will be informed of the investigation results and what, if any, discipline will be imposed. F. The employee has the right to have a representative of the Association USW present at any meeting at which the employee is to be disciplined, or at an investigation meeting that may lead to discipline, provided that the meeting need not be delayed for an unreasonable time pending the arrival of such representative, and in no event shall the Board be restricted from taking such protective action as the Board may determine to be necessary to secure the rights of students and others pending the holding of the meeting. 2. No seniority employee (i.e. a bargaining unit member who has completed his/her probationary period under this Agreement) shall be disciplined or discharged for a reason that is arbitrary or capricious. The Board will provide a discharged employee and the USW a notice of discharge with reasons therefore, in writing, at or prior to the time of discharge. 3. Any employee who fails to maintain proper standards of conduct or to discharge his/her responsibilities shall be subject to such disciplinary action as the Board shall determine, consistent with the provisions of this Agreement. 4. Disciplinary action shall include: written warning, written reprimands, suspension, and dismissal. All disciplinary action shall be confirmed in writing, under the signature of the administrator issuing the disciplinary action, and shall be incorporated into the employee’s personnel file. The employee who is subject to the disciplinary action shall sign for receipt of the disciplinary document and shall be given a copy of same. 5. A bargaining unit member who wishes to take exception to a disciplinary action must respond in writing within ten (10) working days of the issuance of the disputed action. Such response shall be placed in the unit member’s personnel file as an attachment to the disciplinary action. This right exists independently of the Grievance Procedure contained in this Agreement. 6. The following procedures shall be observed in the context of disciplinary action: a. Oral or written notice will be given to the employee of the charges. b. The employee will be given an explanation of the evidence discovered through investigation regarding the basis for the contemplated disciplinary action. c. The employee shall respond to each charge or complaint under investigation and shall cooperate with the investigating administrator(s) regarding the furnishing of information necessary for completion of the investigation. d. The employee will be informed of the investigation results and what discipline, if any, will be imposed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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