Common use of DISCHARGE AND DISCIPLINE Clause in Contracts

DISCHARGE AND DISCIPLINE. 8.1 A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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DISCHARGE AND DISCIPLINE. 8.1 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause. 7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations copy of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished notice given to the employee outlining the reason for the reprimand. The employee shall be requested mailed to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand Union within forty-eight (48) hours. 7.3 A grievance by an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeclaiming that s/he has been unjustly or improperly discharged, demotion, probation and suspension should, except as provided herein, disciplined or suspended must be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject submitted to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling formsMedical Center, IOC'sin writing, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from of the effective date written notification of such actiondischarge, computed in accordance with Section 6.2(D)disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 8.5 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the employer representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the performance of his/her work, but may not proceed with the discipline until such time as a representative is available. 7.6 A discipline shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred issued more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-twenty five (4525) days from after the event/incident that led to the issuance of notice of allegation of misconduct to the member determined to be discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the subject of an I.A. investigation. Notice Medical Center's Attendance/Lateness Policy and Procedure will be provided by I.A. to excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee in writing or via electronic means which first discipline will serve as be a two-day suspension. The discipline shall be removed from the notification that an investigation is being conducted on him/her. At the end of forty-five employee's personnel record after twelve (4512) daysmonths, if there are no further disciplines for "no-call, no- show"during the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five twelve (4512) days after such notificationmonth period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular 4 13.1 Employer reserves the right to discipline or discharge any employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City5 cause. It is understood by the parties that employees are subject to all Rules 6 applicable rules and Regulations regulations of the City and of the Gainesville Police Fire Department. 8.2 7 13.2 Any official written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension reprimand shall be furnished to the employee outlining the 8 reason for the reprimand. The employee shall will be requested to sign the 9 statement; however, signature does not necessarily imply agreement, only knowledge and receipt of such reprimand. If the 10 employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to 12 reprimand an employee in a private manner so as to avoid embarrassing the 13 employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 14 13.3 Disciplinary actions involving discharge, demotion and suspensions suspension with loss of 15 pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are may be subject to the grievance provisions of this Agreement. Written 16 Instruction and Cautioning (Employee Notices) are subject to the grievance 17 provisions of this Agreement. Written and verbal warnings (counseling forms, IOC's, performance infractions, AIMmemorandums) or verbal warnings are 18 not subject to the grievance provisions of this Agreement, and are not placed in 19 personnel files at the Human Resources Department. Such warnings are not to 20 be considered a “first offenses" for purposes of progressive disciplineoffense” under City Human Resources Policy E-3. 8.4 21 13.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, period shall 22 have the right to appeal said discharge directly to the third step of the grievance 23 procedure provided such appeal is made within ten seven (107) calendar days from 24 the effective date of such action. 25 13.5 The discharge or layoff of probationary employees on initial hire or rehire shall 26 not be subject to the grievance procedure of this Agreement. 27 13.6 Any employee, computed upon request, shall be entitled to Union representation at 28 disciplinary interviews or conferences, in accordance with Section 6.2(D)law. 8.5 An employee 29 13.7 Any oral or written warning in an employee’s file shall not be required to respond considered in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: any 30 subsequent disciplinary actions after eighteen (118) Use prior infractions of the same rule that have occurred more than two years months from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for 1 issue provided there have been no further violations of offenses determined a similar nature by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the 2 same employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notificationduring this period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 ‌ 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause. 7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations copy of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished notice given to the employee outlining the reason for the reprimand. The employee shall be requested mailed to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand Union within forty-eight (48) hours. 7.3 A grievance by an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeclaiming that s/he has been unjustly or improperly discharged, demotion, probation and suspension should, except as provided herein, disciplined or suspended must be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject submitted to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling formsMedical Center, IOC'sin writing, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from of the effective date written notification of such actiondischarge, computed in accordance with Section 6.2(D)disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 8.5 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the employer representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the performance of his/her work, but may not proceed with the discipline until such time a represen- tative is available. 7.6 A discipline shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred issued more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within fortytwenty-five (4525) days from after the event/incident that led to the issuance of notice of allegation of misconduct to the member determined to be discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the subject of an I.A. investigation. Notice Medical Center's Attendance/Lateness Policy and Procedure will be provided by I.A. to excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee in writing or via electronic means which first discipline will serve as be a two-day suspension. The discipline shall be removed from the notification that an investigation is being conducted on him/her. At the end of forty-five employee's personnel record after twelve (4512) daysmonths, if there are no further disciplines for "no-call, no show" during the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five twelve (4512) days after such notificationmonth period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular ‌ 7.01 Both parties recognize that discipline is normally given as an attempt to change an employee's behaviour. Generally, the progressive discipline process will only begin after various non-disciplinary attempts such as clarifying expectations and coaching have been made to address the performance issues. The Employer agrees that the seriousness of the infraction will dictate the level of discipline administered. Any discipline will be given for just cause. Discipline is normally defined as one or more of the following: • Verbal warning that will be noted in the Employee’s file. • Written warning • Suspension without pay • Termination 7.02 Suspension pending investigation is not considered discipline. Should the Employer choose to place an employee on suspension pending an investigation, that employee shall not suffer any loss during the investigation. 7.03 Whenever the Employer censures an employee in writing it shall give the employee a copy thereof. The Employer shall also send a copy to the President of the Local Union. 7.04 At the request of an employee, the Employer shall allow the employee to inspect the employee’s Human Resources file maintained at the applicable office. Such inspection may be disciplined or discharged made only for just cause once every six (6) months with three (3) days’ notice and in a fairthe presence of the employee’s supervisor or designate. The employee’s Human Resources file shall be defined herein as such file containing the employee’s official work record including all references to attendance, impartial performance, evaluation, and consistent manner as established discipline. 7.05 With respect to disciplinary measures imposed by the CityEmployer, an employee shall acknowledge by his or her signature receipt of same when requested to do so by the Employer. It is understood by that the parties that employees are subject employee’s signature is intended only to all Rules and Regulations confirm receipt of the City and of discipline from the Gainesville Police DepartmentEmployer. After eighteen (18) months have passed from when a disciplinary measure was imposed, the Employer cannot rely on the offence in determining the disciplinary measure to be imposed for subsequent offences provided that the employee has not been disciplined for a similar offence within the eighteen (18) month period. 8.2 Any 7.06 In the event the Employer intends to establish a meeting to give a written warnings (counseling formswarning to, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving to suspend or discharge, demotionan employee, probation and suspension it shall be furnished to so inform the employee outlining the reason for the reprimandin advance. The employee will have a xxxxxxx present at such meeting. If a xxxxxxx is not immediately available, the disciplinary meeting shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimandrescheduled. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possibleIn any event, the City will make every effort to reprimand an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and rescheduled disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued meeting shall take place within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for dischargedays. 8.7 I. A. investigations for violations of offenses determined by the Department 7.07 The word “days” as used in this Article shall be deemed to be minorexclusive of Saturdays, should be completed within forty-five (45) days from Sundays and the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notificationspecified holidays recognized herein. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular 17.1 The Employer may discharge or suspend an employee may be disciplined or discharged only for just cause and cause, but in respect to discharge shall give a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations warning of the City and complaint against such employee, except that no warning notice need be given to an employee if the cause of such discharge is dishonesty, physical altercation on facility property, use of alcohol beverages on duty or reporting for duty under the Gainesville Police Department. 8.2 Any written warnings influence of alcohol or drugs (counseling forms, Inter-Office Communication's (IOC’s)including the unauthorized use of prescription drugs), written instruction and cautioning theft, recklessness resulting in an accident to a patient, abuse of a patient (employee notice) verbal or disciplinary actions involving dischargephysical), demotionpatient neglect, probation and suspension shall be furnished bringing a firearm in to the employee outlining facility, insubordination, sleeping on the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt job or leaving patients unattended or violation of such reprimandstate or federal laws regarding patient care. If the employee refuses to signrequested, this refusal shall a Work Site Leader will be noted and placed called in the employee's personnel file. Whenever possible, the City will make every effort to reprimand when an employee meeting may result in disciplinary action up to and including discharge. No Call/No Show- All contracts will reflect the following: 1st offense 1 day suspension 17.2 When an employee has worked twelve (12) consecutive months without receiving a private manner so as to avoid embarrassing the employee. Employee formal documented discipline action notice, such notice or prior notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not be required to respond used in writing to any further disciplinary action, evaluation, suspension, discharge or as the Employer’s defense in an anonymous complaint of arbitration. When employee works thirty-six (36) months without receiving a non-criminal nature concerning an employeeformal documented discipline action notice regarding resident care, such notice or prior notices shall not be used in any further disciplinary action, evaluation, suspension, discharge or as the Employer’s alleged conduct toward a citizen, which complaint is made solely by the citizen defense in question and arbitration. 17.3 All disciplinary notices shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, given within five (5) business days from when the Chief will not: department head (1in the department in which the employee works) Use prior infractions learned of the same rule that have occurred more than two years infraction. When it is a discipline or discharge on attendance (tardiness or absenteeism) notice shall be given within five (5) business days from the date of the current violation under considerationinfraction, unless the parties mutually agree to extend that time frame. If notices are not given within this time frame, they shall be dismissed. Business days shall exclude Saturdays, Sundays and holidays. Extensions may be mutually agreed upon in five 17.4 Notwithstanding anything else in the Agreement, in cases of discipline or discharge relating to resident care, the arbitrator’s determination shall be limited solely to ascertaining whether or no the employee was in fact guilty of the acts with which charged by the Employer. The Arbitrator, finding such guilt to exist shall not have the authority to substitute his judgment for that of management as to the penalty imposed. (2) Use 17.5 In case alleging resident abuse or resident abuse or resident neglect, the Arbitrator will draw no inference of any verbal or written warning involving the same rule that occurred more than one year kind whatsoever from the date failure or inability of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for dischargeresident to appear and testify. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause. 7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations copy of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished notice given to the employee outlining the reason for the reprimand. The employee shall be requested mailed to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand Union within forty-eight (48) hours. 7.3 A grievance by an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeclaiming that s/he has been unjustly or improperly discharged, demotion, probation and suspension should, except as provided herein, disciplined or suspended must be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject submitted to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made Medical Center within ten (10) days from of the effective date written notification of such actiondischarge, computed in accordance with Section 6.2(D)disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 8.5 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the Medical Center representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the performance of his/her work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred issued more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within fortytwenty-five (4525) days from days, excluding holidays, after the event/incident that led to the issuance of notice the discipline. Discipline involving Reportable Events or potential violations of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice HIPAA, will be provided by I.A. to excluded from this limit. Further, discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the employee in writing or via electronic means which Medical Center's Attendance/Lateness Policy and Procedure will serve as be excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the notification that an investigation is being conducted on him/herfirst discipline will be a two-day suspension. At The discipline shall be removed from the end of forty-five employee's personnel record after twelve (4512) daysmonths, if there are no further disciplines for "no-call, no-show" during the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five twelve (4512) days after such notificationmonth period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.7.8 Absenteeism and Lateness

Appears in 1 contract

Samples: Service and Maintenance Agreement

DISCHARGE AND DISCIPLINE. 8.1 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause. 7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations copy of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished notice given to the employee outlining the reason for the reprimand. The employee shall be requested mailed to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand Union within forty-eight (48) hours. 7.3 A grievance by an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeclaiming that s/he has been unjustly or improperly discharged, demotion, probation and suspension should, except as provided herein, disciplined or suspended must be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject submitted to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling formsMedical Center, IOC'sin writing, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days of the written notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the Medical Center representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued,an employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the effective date performance of his/her work, but may not proceed with the discipline until such action, computed in accordance with Section 6.2(D)time a representative is available. 8.5 An employee 7.6 A discipline shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred issued more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within fortytwenty-five (4525) days from after the event/incident that led to the issuance of notice of allegation of misconduct to the member determined to be discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the subject of an I.A. investigation. Notice Medical Center's Attendance/Lateness Policy and Procedure will be provided by I.A. to excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee in writing or via electronic means which first discipline will serve as be a two-day suspension. The discipline shall be removed from the notification that an investigation is being conducted on him/her. At the end of forty-five employee's personnel record after twelve (4512) daysmonths, if there are no further disciplines for "no-call, no show" during the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five twelve (4512) days after such notificationmonth period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.7.8 Absenteeism and Lateness

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. ‌ Section 8.1 A regular employee may be disciplined or discharged only for just cause The Employer and in a fair, impartial and consistent manner as established by Union shall subscribe to the City. It is understood by the parties that employees are subject doctrine of progressive discipline according to all Rules and Regulations of the City and of the Gainesville Police Department. 8.2 Any Ordinance Chapter 2 Administration; Division 3 Personnel Code, Sub- division XI Disciplinary Actions; Sections 2-423 to 2-425. Oral reprimand shall not be valid unless a written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and notation is placed in the employee's personnel file, with a copy to the affected employee. Whenever possibleThe Employer shall not discipline, discharge, or suspend without pay any employee except for just cause. Discharge or suspension must be by proper written notice to the employee with a copy to the Union President, citing specific charges. An employee who is asked to attend an interview with the Employer for investigatory purposes which may lead to discipline or discharge may request a Union Representative to be present. Employees will be provided with a Xxxxxxx Warning before the start of an interview. Section 8.2 Where a locker of an employee is to be opened for possible disciplinary purposes, it shall be done in the presence of the employee and his Union Representative, if so desired. Section 8.3 Written warnings for rule infractions or any letters or records of complaints from supervisors, City officials, or private citizens shall be removed from an employee's file where there have been no infractions for twelve (12) months. Letters or records of complaints shall not be placed in an employee's file until the employee is aware of the letter or record and there has been an appropriate departmental review of the complaint. If an employee initiates a grievance on a disciplinary action, the City content of the disciplinary action and the grievance steps shall remain confidential until the grievance is resolved. The Employer will make every effort maintain the security of all written material related to reprimand the action and the grievance until the grievance is resolved. Any disciplinary action against an employee in a private manner so as shall be presented to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued him within twenty (20) calendar days from of the Employer's initial interview with the employee. This time can be extended by mutual agreement. The Employer may extend the time for five (5) calendar days in the event the investigation is not completed, with notice to the employee of the extension. Presentation of disciplinary action may be delayed if the employee is the subject of a criminal investigation, but must be delivered within fifteen (15) calendar days after the disposition of the case. The term "disciplinary action" shall apply to any oral or written reprimand, suspension, or discharge given to an employee or group of employees by a Supervisor or his designee for any alleged violation of the Employer's Rules, Regulations, policy, or City Ordinances. If a complaint is filed with the employer against an employee and the employer is going to review video for investigatory purposes, the employee shall be notified of the date of the video being reviewed. In the event the complaint is criminal in nature, notification will not be made to keep the integrity of the investigation. Section 8.4 When an employee covered by this Agreement is charged with a criminal offense, a complete investigation shall be conducted by the Chief of Police knows or his designee. Employees will be provided with reasonable certainty that causes for such actions exista Xxxxxxx Warning before the start of an interview. This limitation Based on the investigation, the suspension resulting from the charge may be with pay or without pay. If a suspension resulting from the charge is without pay and a grievance is filed, the matter shall not apply if be immediately processed at Step 3 of the grievance procedure. Section 8.5 Whenever feasible, discipline will occur on duty. If off-duty discipline becomes necessary, the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to or designee will first notify a Union employee representative before administering the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular 11.1 Subject to Articles 4 and 12, no employee may shall be disciplined or discharged only except for just cause cause. Without limiting management’s right to discipline and in a fairdischarge employees for just cause, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations acknowledge their shared view of the City and extremely serious nature of the Gainesville Police Departmentfollowing employee misconduct. 8.2 Any written warnings (counseling formsa) Theft of property, Inter-Office Communication's (IOC’s))regardless of amount, written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed aiding in the employee's personnel filecommission of a theft of property; b) Destruction or sabotage of Company property; c) Falsification of Company documents; d) Unauthorized use or disclosure of confidential information regarding the business or a customer; e) Falsifying or misrepresenting employment information; f) Verbal or physical violence in the workplace, including any form of threat; and g) Defamation of character including through social networking. Whenever possible, the City will make every effort to reprimand an employee An arbitrator shall take this joint statement into account in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed exercising his/her remedial jurisdiction. For the purposes of clarity, the infractions set out in this Article are not intended in any way to exclude other grounds for discharge with just cause. 11.2 A claim by a non-probationary periodemployee that s/he as been discharged, suspended or otherwise disciplined without just cause shall be treated as a grievance if the Florida Police Benevolent Association, shall have written grievance is filed with the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made management representative or his designate within ten (10) calendar days from after the effective date employee has been notified of such actionthe discharge, computed suspension or discipline. The grievance will proceed immediately to Step 2 of the grievance procedure. For the purposes of clarity, the infractions set out in accordance Articles 11.1(a), 11.1(b), 11.1 (c), 11.1 (d), 11.1(e) and 11.1(f) do not exclude other grounds for discharge with Section 6.2(D)just cause. 8.5 An 11.3 Prior to the delivery of any formal disciplinary notice, employees will be provided the opportunity to have a union representative present with them. Should the employee choose not to have a union representative present, the Union shall be notified as soon as reasonably possible of the formal disciplinary notice. 11.4 No suspension against an employee shall not be required to respond used in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint subsequent disciplinary proceeding if such prior incident is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred more than two years from the date of the current violation under consideration. eighteen (218) Use any months old. No verbal or written warning involving the same rule that occurred warnings against an employee shall be used in a subsequent disciplinary proceeding if such prior incident is more than one year from the date of the current violation under consideration. However, the above 8.6 twelve (112) & (2) may be considered as a part of the overall disciplinary record when used as justification for dischargemonths old. 8.7 I. A. investigations 11.5 The Company agrees to continue the pay of any employee absent from work on Union business which is not paid for violations of offenses determined by the Department to Company as provided for elsewhere in the Agreement, and the Union shall reimburse the Company for such wage payment upon receipt of a monthly statement. Such leave of absence shall be minor, should be completed within forty-five (45) days from authorized in writing by the issuance Union and .the cost of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice benefits will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.added per hour worked at 18%

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular employee may be disciplined 4.1 The Employer shall not discipline or discharged only for discharge employees without just cause and in after completion of a fair, impartial and consistent manner as established ninety (90) day probationary period; provided however that employees for whom the Union is the collective bargaining representative of the incumbent employees being acquired or assumed by the CityEmployer as a result of a contractor transition as regulated in Section 6.1 shall serve a new probationary period of sixty (60) days upon such transition. It is understood by Employees will be assessed based on their ability to perform their job duties and will only be terminated if they fail to meet the parties that employees are subject Employer’s standards or fail to all Rules and Regulations adhere to the Employer’s Attendance Policy. The Employer shall conduct its own investigation of the City and of circumstances surrounding the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand an employee in a private manner so as to avoid embarrassing the employee. Employee notices alleged misconduct before imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive any discipline. 8.4 4.2 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not discipline should be required to respond issued in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred more than two years as soon as possible from the date of the current violation under considerationalleged incident. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date, and the disciplinary action being imposed. 4.3 Upon request of an employee, a member of the Union’s staff or one of its Shop Stewards shall have the opportunity to be present for all disciplinary meetings and all investigative meetings involving employees. 4.4 Disciplinary actions, excluding unexcused absences and tardiness, shall not be relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of twelve (212) Use any verbal consecutive months following the last issuance of discipline; except that for suspensions or written warning involving final warnings the same rule that occurred more than one year period shall be eighteen (18) consecutive months from the date of the current violation under considerationsuspension or final warning. 4.5 The Employer may remove an employee from further employment at an account upon the demand of a customer. HoweverThe Employer shall ask the customer for the reasons for the employee’s removal. The Employer shall ensure that the request is from an appropriate level of the customer’s management. Unless the Employer has just cause to discharge the employee, the above 8.6 (1) & (2) Employer will use reasonable efforts to place the employee in a similar job at another account covered by this Agreement. 4.6 Any temporary employee or employee who has not completed his/her 90-day probationary period may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined discharged or disciplined by the Department to be minor, should be completed within forty-five (45) days from Employer in its discretion. No question concerning the issuance discipline or discharge of notice of allegation of misconduct to the member determined to any such employee shall be the subject of an I.A. investigation. Notice will be provided by I.A. arbitration. 4.7 The parties agree to the employee Attendance Policy included in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is Attachment B to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notificationthis Agreement. 8.8 I. A. investigations 4.8 At all times while on ORD or MDW property and identifiable as employees of the Employer (e.g. when wearing the Employer’s uniform), employees shall conduct themselves professionally. 4.9 Cabin cleaners who have not received the Employer’s initial new hire training on security sweeps shall not be disciplined for violation of offenses determined by a failed security sweep. The Employer agrees that Xxxxx cleaners missing TSA and Airline security objects in a rolling twelve (12) month period shall result in: 1st offense - one (1) day suspension and retraining; 2nd offense - (three) day suspension; and 3rd offense - termination. The Employer will follow progressive discipline for cabin cleaners that miss the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of Employer’s test objects. If an I.A. investigation. Notice will be provided by I.A. to employee misses any sweeps in a rolling calendar year, then the employee shall be retrained in writing or via electronic means which will serve as the notification that an investigation field for security sweeps, unless termination is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notificationwarranted.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 20 7.1 A regular employee may be disciplined or discharged only for just cause and 21 in a fair, impartial and consistent manner as established by the City. It is 22 understood by the parties that employees are subject to all Rules and 23 Regulations of the City and of the Gainesville Police DepartmentCity. 8.2 24 7.2 Any official written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension reprimand shall be furnished to the employee outlining the 25 reason for the reprimand. The employee shall will be requested to sign the 26 statement; however, signature does not necessarily imply agreement, only knowledge and receipt of such reprimand. If the 27 employee refuses to sign, this refusal shall be noted and placed in the 28 employee's personnel file. The employee shall have the opportunity to 29 respond to the reprimand in writing. Whenever possible, the City will make 30 every effort to reprimand an employee (whether verbal or written) in a private 31 manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions suspension with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction Written instructions and cautioning) cautionings are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreementgrievable. Such warnings are not to be considered a "first offensesoffense" for purposes of progressive discipline. 8.4 under City Personnel Policies and Procedures, Policy # 19; however, such warnings may be used as a basis to substantiate future disciplinary action under Policy #19. Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, period shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten five (105) days from the effective date of such action, computed in accordance with Section 6.2(D8.3 (D). 8.5 An employee . The discharge, discipline, demotion, layoff or suspension of probationary employees on initial hire or rehire shall not be required subject to respond the grievance procedure of this Agreement. In imposing disciplinary measures by incremental steps based on successive deficiencies in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated employee performance on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental disciplinecurrent charge, the Chief Department Head will not: (1) Use not take into consideration prior infractions of the same rule that have which occurred more than two years from the date of the current violation under consideration. eighteen (218) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. Howevermonths previously, the above 8.6 (1) & (2) may be considered as a part of except in safety violations substantiated by Personnel Policies and Procedures, Policy Number 19, and discharge cases in which the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notificationtaken into consideration. An employee, upon request, shall be entitled to Union representation at disciplinary interviews or conferences in accordance with law. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 18 7.1 A regular employee may be disciplined or discharged only for just cause and 19 in a fair, impartial and consistent manner as established by the City. It is 20 understood by the parties that employees are subject to all Rules and 21 Regulations of the City and of the Gainesville Police DepartmentCity. 8.2 22 7.2 Any official written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension reprimand shall be furnished to the employee outlining the 23 reason for the reprimand. It is the City’s intention to complete the 24 investigation in a timely fashion and notify the employee of the potential of 25 such disciplinary action within thirty (30) calendar days of the City becoming 26 aware of the event giving rise to the discipline. The employee shall will be 27 requested to sign the statementwritten reprimand; however, signature does not 28 necessarily imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal 29 shall be noted and placed in the employee's personnel file. The employee 30 shall have the opportunity to respond to the reprimand in writing. Whenever 31 possible, the City will make every effort to reprimand an employee (whether 1 verbal or written) in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist.the 8.3 3 7.3 Disciplinary actions involving discharge, demotion and suspensions suspension with loss 4 of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction Written 5 instructions and cautioning) cautionings are subject to the grievance provisions of this 6 Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreementgrievable. Such warnings are 7 not to be considered a "first offensesoffense" for purposes of progressive disciplineunder City Personnel Policies and 8 Procedures, Policy # E-3; however, such warnings may be used as a basis to 9 substantiate future disciplinary action under Policy #E-3. 8.4 10 7.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, period 11 shall have the right to appeal said discharge directly to the third step of the 12 grievance procedure provided such appeal is made within ten five (105) days from 13 the effective date of such action, computed in accordance with Section 6.2(D8.3 14 (D). 8.5 An employee 15 7.5 The discharge, discipline, demotion, layoff or suspension of probationary 16 employees on initial hire or rehire shall not be required subject to respond the grievance 17 procedure of this Agreement. 18 7.6 Except as otherwise provided in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizenthis paragraph, which complaint is made solely in imposing disciplinary 19 measures by the citizen incremental steps based on successive deficiencies in question and shall be investigated 20 employee performance on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental disciplinecurrent charge, the Chief Department Head will not: (1) Use not 21 take into consideration prior infractions of the same rule that have which occurred more 22 than eighteen (18) months previously, or, in the case of safety infractions, 23 any prior safety infractions which occurred more than two five (5) years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration24 previously. HoweverIn discharge cases, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for dischargeof the 25 employee may be taken into consideration. 8.7 I. A. investigations for violations of offenses determined by 26 7.7 An employee, upon request, shall be entitled to Union representation at 27 disciplinary interviews or conferences in accordance with law. This shall not 28 be construed as requiring the Department CWA to be minor, should be completed within fortyrepresent a non-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigationmember. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.1 ARTICLE 8

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause. 7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations copy of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished notice given to the employee outlining the reason for the reprimand. The employee shall be requested mailed to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand Union within forty-eight (48) hours. 7.3 A grievance by an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeclaiming that s/he has been unjustly or improperly discharged, demotion, probation and suspension should, except as provided herein, disciplined or suspended must be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject submitted to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made Medical Center within ten (10) days from of the effective date written notification of such actiondischarge, computed in accordance with Section 6.2(D)disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 8.5 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the Medical Center representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the performance of his/her work, but may not proceed with the discipline until such time a representative is available. 7.6 A discipline shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred issued more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within fortytwenty-five (4525) days from after the event/incident that led to the issuance of notice of allegation of misconduct to the member determined to be discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the subject of an I.A. investigation. Notice Medical Center's Attendance/Lateness Policy and Procedure will be provided by I.A. to excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee in writing or via electronic means which first discipline will serve as be a two-day suspension. The discipline shall be removed from the notification that an investigation is being conducted on him/her. At the end of forty-five employee's personnel record after twelve (4512) daysmonths, if there are no further disciplines for "no-call, no-show" during the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five twelve (4512) days after such notificationmonth period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.7.8 Absenteeism and Lateness

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DISCHARGE AND DISCIPLINE. 8.1 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause. 7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations copy of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished notice given to the employee outlining the reason for the reprimand. The employee shall be requested mailed to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand Union within forty-eight (48) hours. 7.3 A grievance by an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeclaiming that s/he has been unjustly or improperly discharged, demotion, probation and suspension should, except as provided herein, disciplined or suspended must be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject submitted to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling formsMedical Center, IOC'sin writing, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from of the effective date written notification of such actiondischarge, computed in accordance with Section 6.2(D)disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 8.5 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the employer representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the performance of his/her work, but may not proceed with the discipline until such time a represen- tative is available. 7.6 A discipline shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred issued more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within fortytwenty-five (4525) days from after the event/incident that led to the issuance of notice of allegation of misconduct to the member determined to be discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the subject of an I.A. investigation. Notice Medical Center's Attendance/Lateness Policy and Procedure will be provided by I.A. to excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee in writing or via electronic means which first discipline will serve as be a two-day suspension. The discipline shall be removed from the notification that an investigation is being conducted on him/her. At the end of forty-five employee's personnel record after twelve (4512) daysmonths, if there are no further disciplines for "no-call, no show" during the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five twelve (4512) days after such notificationmonth period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 10 8.1 A regular employee may be disciplined or discharged only for just cause and in a fair, 11 impartial and consistent manner as established by the City. It is understood by the 12 parties that employees are subject to all Rules and Regulations of the City and of the 13 Gainesville Police Department. 14 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving 16 discharge, demotion, probation and suspension shall be furnished to the employee 17 outlining the reason for the reprimand. The employee shall be requested to sign the 18 statement; however, signature does not imply agreement, only knowledge and receipt 19 of such reprimand. If the employee refuses to sign, this refusal shall be noted and 20 placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand an employee in a private manner so as to avoid embarrassing the 22 employee. Employee notices imposing written instruction and cautioning and 23 disciplinary actions involving discharge, demotion, probation and suspension should, 24 except as provided herein, be issued within twenty (20) days from the time the Chief of 25 Police knows with reasonable certainty that causes for such actions exist. This 26 limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 27 8.3 Disciplinary actions 29 30 31 32 cDiirsccuimplisntarnyceascteioxnisst. involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction instructions and cautioningcautionings) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 33 8.4 Any discharged employee who has completed his/her probationary period, or the Florida 34 Police Benevolent Association, shall have the right to appeal said discharge directly to 1 the third step of the grievance procedure provided such appeal is made within ten (10) 2 days from the effective date of such action, computed in accordance with Section 3 6.2(D). 4 8.5 An employee shall not be required to respond in writing to an anonymous complaint of 5 a non-criminal nature concerning an employee’s alleged conduct toward a citizen, 6 which complaint is made solely by the citizen in question and shall be investigated on a 7 verbal basis unless and until some corroborating evidence is obtained. 8 8.6 When imposing incremental discipline, the Chief will not: 9 (1) Use prior infractions of the same rule that have occurred more than two years 10 from the date of the current violation under consideration. 11 (2) Use any verbal or written warning involving the same rule that occurred more 12 than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular 7.01 If it is alleged that an employee may has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days. The discharged or suspended employee shall be disciplined given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises, 7.02 If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged only without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for just cause the time loss limited to a maximum of the employee(s) regular number of hours per week, less amounts earned during the time loss. 7.03 Where an arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: 1. uphold the discharge or suspension, OR 2. vary the penalty, OR 3. substitute a different penalty, OR 4. direct reinstatement, and in a faircases 2,3, impartial and consistent manner as established 4 may in addition order the Company to pay the employee full or partial compensation (less any amounts of money earned by the Cityaggrieved employee during any time loss) in accordance with his hourly rate. It is understood by the parties that employees are subject to all Rules and Regulations of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling formsunderstood, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand that if an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeis reinstated, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation he shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred more than two years from the date of the current violation under considerationretain his full seniority. (2a) Use any verbal or written warning involving the same rule that occurred more than one year from the date Only Written Warnings, Final Written Warnings and Letters of the current violation under consideration. However, the above 8.6 (1) & (2) may Suspension shall be considered as a part form of discipline and shall be subject to the provisions of the overall disciplinary record when used as justification for dischargeGrievance Procedure. A copy of every Written Warning, Final Written Warning and Letter of Suspension issued shall be sent to the Union. 8.7 I. A. investigations for violations (b) Written Warnings, Final Written Warnings and Suspensions shall be deemed void after one (1) year from date of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notificationissue. 8.8 I. A. investigations for violation of offenses determined by 7.05 A Shop Xxxxxxx in the Department to department and on the shift shall be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) dayspresent when Written Warnings, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notificationFinal Written Warnings and Suspensions are handed out.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE AND DISCIPLINE. 8.1 22 7.1 A regular employee may be disciplined or discharged only for just cause 23 and in a fair, impartial and consistent manner as established by the City. It 24 is understood by the parties that employees are subject to all Rules and 25 Regulations of the City and of the Gainesville Police DepartmentCity. 8.2 26 7.2 Any official written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension reprimand shall be furnished to the employee outlining 27 the reason for the reprimand. It is the City’s intention to complete the 28 investigation in a timely fashion and notify the employee of the potential of 29 such disciplinary action within thirty (30) calendar days of the City becoming 30 aware of the event giving rise to the discipline. The employee shall will be 31 requested to sign the statementwritten reprimand; however, signature does not 1 necessarily imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal 2 shall be noted and placed in the employee's personnel file. The employee 3 shall have the opportunity to respond to the reprimand in writing. Whenever 4 possible, the City will make every effort to reprimand an employee (whether 5 verbal or written) in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist.the 8.3 7 7.3 Disciplinary actions involving discharge, demotion and suspensions suspension with loss 8 of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction Written 9 instructions and cautioning) cautionings are subject to the grievance provisions of this 10 Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreementgrievable. Such warnings 11 are not to be considered a "first offensesoffense" for purposes of progressive disciplineunder City Personnel Policies and 12 Procedures, Policy # E-3; however, such warnings may be used as a basis 13 to substantiate future disciplinary action under Policy #E-3. 8.4 14 7.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, period 15 shall have the right to appeal said discharge directly to the third step of the 16 grievance procedure provided such appeal is made within ten five (105) days from 17 the effective date of such action, computed in accordance with Section 6.2(D8.3 18 (D). 8.5 An employee 19 7.5 The discharge, discipline, demotion, layoff or suspension of probationary 20 employees on initial hire or rehire shall not be required subject to respond the grievance 21 procedure of this Agreement. 22 7.6 Except as otherwise provided in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizenthis paragraph, which complaint is made solely in imposing disciplinary 23 measures by the citizen incremental steps based on successive deficiencies in question and shall be investigated 24 employee performance on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental disciplinecurrent charge, the Chief Department Head will not: (1) Use not 25 take into consideration prior infractions of the same rule that have which occurred 26 more than eighteen (18) months previously, or, in the case of safety 27 infractions, any prior safety infractions which occurred more than two five (5) 28 years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under considerationpreviously. HoweverIn discharge cases, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for dischargeof the 29 employee may be taken into consideration. 8.7 I. A. investigations for violations of offenses determined by 30 7.7 An employee, upon request, shall be entitled to Union representation at 1 be construed as requiring the Department CWA to be minor, should be completed within fortyrepresent a non-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigationmember. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.2 ARTICLE 8

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 ‌ 7.1 The Medical Center shall not discharge, discipline or suspend any employee without just cause. 7.2 The Union, the Chairperson, and the employee involved shall be advised in writing of any discharge, suspension or disciplinary action. A regular employee may be disciplined or discharged only for just cause and in a fair, impartial and consistent manner as established by the City. It is understood by the parties that employees are subject to all Rules and Regulations copy of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished notice given to the employee outlining the reason for the reprimand. The employee shall be requested mailed to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand Union within forty-eight (48) hours. 7.3 A grievance by an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeclaiming that s/he has been unjustly or improperly discharged, demotion, probation and suspension should, except as provided herein, disciplined or suspended must be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject submitted to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling formsMedical Center, IOC'sin writing, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from of the effective date written notification of such actiondischarge, computed in accordance with Section 6.2(D)disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure. If a grievance is not submitted within the time limit provided herein, the rights of the grievant and/or Union shall be considered to have been waived under this Article. 8.5 7.4 The time limits specified herein shall exclude Saturdays, Sundays and holidays. 7.5 Prior to an employee being brought into a disciplinary conference, or an investigational conference that may lead to discipline of the employee being interviewed, the employer representative shall inform the employee of the nature of the conference, including the possibility of a discipline being issued. An employee shall have the right to have a Union Representative of his or her choice at either of these conferences. In the event a representative is requested, but not available, the Medical Center may temporarily remove the employee from the performance of his/her work, but may not proceed with the discipline until such time as a representative is available. 7.6 A discipline shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred issued more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-twenty five (4525) days from after the event/incident that led to the issuance of notice of allegation of misconduct to the member determined to be discipline. Discipline resulting from complaints from regulatory agencies, patient complaints, and discipline issued under the subject of an I.A. investigation. Notice Medical Center's Attendance/Lateness Policy and Procedure will be provided by I.A. to excluded from this limit. 7.7 For disciplines involving "no-call, no-show" the employee in writing or via electronic means which first discipline will serve as be a two-day suspension. The discipline shall be removed from the notification that an investigation is being conducted on him/her. At the end of forty-five employee's personnel record after twelve (4512) daysmonths, if there are no further disciplines for "no-call, no- show"during the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five twelve (4512) days after such notificationmonth period. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular employee may 4.1 Employees hired on or after the effective date of this Agreement shall undergo a 60 day trial period, except those hired as a result of a contractor transition as regulated in Article 6. Employees shall not accrue seniority during the trial period. Upon successful conclusion of the trial period, the Employee’s seniority date shall be disciplined or discharged only for the first date worked. 4.2 Absent just cause and in a fairthe Employer may not discharge or discipline , impartial and consistent manner as established by the Cityan employee who has completed his trial period. It is understood by the parties that employees are subject to all Rules and Regulations The Employer shall conduct its own investigation of the City circumstances surrounding the alleged misconduct before imposing any discipline. All employees shall receive written notice of all disciplinary actions at the time when the discipline is issued. Such notice shall state the alleged violation, the date and of the Gainesville Police Departmentdisciplinary action being imposed. 8.2 Any written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to 4.3 Upon the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt request of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possiblean Employee, the City will make every effort Union, through union staff or stewards, shall have the opportunity to reprimand an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction be present for all investigative meetings involving employees. 4.4 Disciplinary actions, excluding unexcused absences and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation tardiness shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" relied upon for purposes of progressive discipline if the employee does not receive any discipline for a period of 12 consecutive months following the last issuance of discipline; except that for suspensions or final warnings the period shall be 24 consecutive months from the date of the suspension or final warning. 8.4 Any discharged 4.5 If the customer demands the removal of an employee who from its account, the Employer may remove the employee from further employment at the account. The Employer will advise the Union of the information it has completed his/her probationary periodrelating to the customer’s complaint and make reasonable efforts to secure from the customer a written confirmation of the customer’s request. A management official other than the employee’s direct supervisor shall confirm that the customer made the request without instigation by the Employer. The Union may challenge the bona fides of the Employer’s claim that the customer has demanded removal and has done so without Employer instigation, provided, however, that in any arbitration on the Union’s challenge, in order to establish the bona fides of its contention that the customer requested removal of the employee, the Employer need not call customer employees or representatives as witnesses and can rely upon hearsay evidence. With respect to an employee removed pursuant to a customer request, unless the Florida Police Benevolent AssociationEmployer has cause to discharge the employee, the Employer will place the employee in a job at another account for which the employee is qualified, covered by this Agreement with as little dislocation for the employee as is feasible at comparable pay or benefits. If the job offered by the Employer is not at comparable pay and benefits, the employee may choose to place their name on a waiting list for a period for three (3) months for a job at another account with comparable pay and benefits. 4.6 The Employer shall have the right to appeal said maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline any employee for cause. Just cause for discharge directly to shall include, but not be limited to, the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D)following: A. Theft. 8.5 An employee shall not be required to respond in writing to an anonymous complaint B. Possession of a non-criminal nature concerning an employee’s alleged conduct toward a citizenunlawful, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtainedprohibited or dangerous weapons. 8.6 When imposing incremental discipline, C. Fighting on the Chief will not:job (1) Use prior infractions D. Security violation cited by Custom Boarder Patrol or TSA Resulting in a fine for the Employer E. Agency revocation of the same rule that have occurred more than two years from the date of the current violation under consideration. (2) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. However, the above 8.6 (1) & (2) may be considered as a part of the overall disciplinary record when used as justification for discharge. 8.7 I. A. investigations for violations of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.Badge

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE AND DISCIPLINE. 8.1 A regular 7.01 If it is alleged that an employee may has been discharged without just cause the grievance shall start at Step 3 and if it is alleged that an employee has been suspended without just cause the grievance shall start at Step 2 of the grievance procedure, within five (5) working days. The discharged or suspended employee shall be disciplined given the opportunity of seeing a Xxxxxxx and/or Union President before he is required to leave the premises. 7.02 If it is agreed or decided at any stage of the grievance procedure, except arbitration, that an employee has been suspended or discharged only without just cause, the Company shall reinstate him in his job without loss of seniority. A reinstated employee is to be paid his wages at his hourly rate for just cause the time loss limited to a maximum of the employee(s) regular number of hours per week, less amounts earned during the time loss. 7.03 Where an arbitrator has been selected to determine a question respecting an alleged unjust discharge or suspension, he shall have power and jurisdiction to: 1. uphold the discharge or suspension, OR 2. vary the penalty, OR 3. substitute a different penalty, OR 4. direct reinstatement, and in a faircases 2, impartial 3, and consistent manner as established 4 may in addition order the Company to pay the employee full or partial compensation (less any amounts of money earned by the Cityaggrieved employee during any time loss) in accordance with his hourly rate. It is understood by the parties that employees are subject to all Rules and Regulations of the City and of the Gainesville Police Department. 8.2 Any written warnings (counseling formsunderstood, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension shall be furnished to the employee outlining the reason for the reprimand. The employee shall be requested to sign the statement; however, signature does not imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted and placed in the employee's personnel file. Whenever possible, the City will make every effort to reprimand that if an employee in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving dischargeis reinstated, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation he shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 Disciplinary actions involving discharge, demotion and suspensions with loss of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction and cautioning) are subject to the grievance provisions of this Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreement. Such warnings are not to be considered “first offenses" for purposes of progressive discipline. 8.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, shall have the right to appeal said discharge directly to the third step of the grievance procedure provided such appeal is made within ten (10) days from the effective date of such action, computed in accordance with Section 6.2(D). 8.5 An employee shall not be required to respond in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental discipline, the Chief will not: (1) Use prior infractions of the same rule that have occurred more than two years from the date of the current violation under considerationretain his full seniority. (2a) Use any verbal or written warning involving the same rule that occurred more than one year from the date Only Written Warnings, Final Written Warnings and Letters of the current violation under consideration. However, the above 8.6 (1) & (2) may Suspension shall be considered as a part form of discipline and shall be subject to the provisions of the overall disciplinary record when used as justification for dischargeGrievance Procedure. A copy of every Written Warning, Final Written Warning and Letter of Suspension issued shall be sent to the Union. 8.7 I. A. investigations for violations (b) Written Warnings, Final Written Warnings and Suspensions shall be deemed void after one (1) year from date of offenses determined by the Department to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notificationissue. 8.8 I. A. investigations for violation of offenses determined by 7.05 A Shop Xxxxxxx in the Department to department and on the shift shall be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) dayspresentwhen Written Warnings, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notificationFinal Written Warnings and Suspensions are handed out.

Appears in 1 contract

Samples: Collective Agreement

DISCHARGE AND DISCIPLINE. 8.1 20 7.1 A regular employee may be disciplined or discharged only for just cause and 21 in a fair, impartial and consistent manner as established by the City. It is 22 understood by the parties that employees are subject to all Rules and 23 Regulations of the City and of the Gainesville Police DepartmentCity. 8.2 24 7.2 Any official written warnings (counseling forms, Inter-Office Communication's (IOC’s)), written instruction and cautioning (employee notice) or disciplinary actions involving discharge, demotion, probation and suspension reprimand shall be furnished to the employee outlining the 25 reason for the reprimand. It is the City’s intention to complete the 26 investigation in a timely fashion and the employee shall be notified of the 27 potential of such disciplinary action within thirty (30) calendar days of the City 28 becoming aware of the event giving rise to the discipline. The employee shall will 29 be requested to sign the statement; however, signature does not necessarily 30 imply agreement, only knowledge and receipt of such reprimand. If the employee refuses to sign, this refusal shall be noted 31 and placed in the employee's personnel file. The employee shall have the 1 opportunity to respond to the reprimand in writing. Whenever possible, the 2 City will make every effort to reprimand an employee (whether verbal or 3 written) in a private manner so as to avoid embarrassing the employee. Employee notices imposing written instruction and cautioning and disciplinary actions involving discharge, demotion, probation and suspension should, except as provided herein, be issued within twenty (20) days from the time the Chief of Police knows with reasonable certainty that causes for such actions exist. This limitation shall not apply if the Chief of Police determines that extenuating circumstances exist. 8.3 4 7.3 Disciplinary actions involving discharge, demotion and suspensions suspension with loss 5 of pay are subject to the grievance provisions of this Agreement. Employee Notices (written instruction Written 6 instructions and cautioning) cautionings are subject to the grievance provisions of this 7 Agreement. Written warnings (counseling forms, IOC's, performance infractions, AIM) or verbal warnings are not subject to the grievance provisions of this Agreementgrievable. Such warnings are 8 not to be considered a "first offensesoffense" for purposes of progressive disciplineunder City Personnel Policies and 9 Procedures, Policy # 19; however, such warnings may be used as a basis to 10 substantiate future disciplinary action under Policy #19. 8.4 11 7.4 Any discharged employee who has completed his/her probationary period, or the Florida Police Benevolent Association, period 12 shall have the right to appeal said discharge directly to the third step of the 13 grievance procedure provided such appeal is made within ten five (105) days from 14 the effective date of such action, computed in accordance with Section 6.2(D8.3 15 (D). 8.5 An employee 16 7.5 The discharge, discipline, demotion, layoff or suspension of probationary 17 employees on initial hire or rehire shall not be required subject to respond the grievance 18 procedure of this Agreement. 19 7.6 In imposing disciplinary measures by incremental steps based on successive 20 deficiencies in writing to an anonymous complaint of a non-criminal nature concerning an employee’s alleged conduct toward a citizen, which complaint is made solely by the citizen in question and shall be investigated employee performance on a verbal basis unless and until some corroborating evidence is obtained. 8.6 When imposing incremental disciplinecurrent charge, the Chief Department 21 Head will not: (1) Use not take into consideration prior infractions of the same rule that have which 22 occurred more than two years from the date of the current violation under consideration. eighteen (218) Use any verbal or written warning involving the same rule that occurred more than one year from the date of the current violation under consideration. Howevermonths previously, the above 8.6 (1) & (2) may be considered as a part of except in safety 23 violations substantiated by Personnel Policies and Procedures, Policy 24 Number 19, and discharge cases in which the overall disciplinary record when used as justification for dischargeof 25 the employee may be taken into consideration. 8.7 I. A. investigations for violations of offenses determined by the Department 26 7.7 An employee, upon request, shall be entitled to be minor, should be completed within forty-five (45) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigationUnion representation at 27 disciplinary interviews or conferences in accordance with law. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of forty-five (45) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extensions of minor investigations may be extended an additional forty-five (45) days after such notification. 8.8 I. A. investigations for violation of offenses determined by the Department to be major should be completed within ninety (90) days from the issuance of notice of allegation of misconduct to the member determined to be the subject of an I.A. investigation. Notice will be provided by I.A. to the employee in writing or via electronic means which will serve as the notification that an investigation is being conducted on him/her. At the end of the ninety (90) days, if the investigation is not completed for reasonable grounds, the individual under investigation is to be notified with the reason for extension in writing or via electronic means. Extension of major investigations may be extended an additional sixty (60) days after such notification.30 ARTICLE 8

Appears in 1 contract

Samples: Collective Bargaining Agreement

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