DISCHARGE AND DISCIPLINE. Section 1. The purpose of discipline is to correct employee behavior. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. An action must be presented to the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing. Section 2. A Department Head may reprimand any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand. Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension. Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissal. Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1A. The University shall not discharge non-probationary employees or take other disciplinary action without reasonable cause.
B. In imposing discipline on a current charge, the University will not take into account any prior infractions which occurred more than two (2) years previously, except for cases involving OSHA safety violations in which prior infractions that occurred up to three (3) years previously may be taken into account.
C. An employee suspended and ordered to leave his/her work for disciplinary reasons, before leaving the University's premises, shall have the right to consult his/her Xxxxxxx at a place and a reasonable length of time provided by the University. Exception may be made to this provision, with immediate action taken by the University to remove an employee from the premises in cases involving possession or use of illegal drugs, drunkenness, violence, willful destruction of property, and other such serious violations.
D. The purpose University shall give the employee, with copies to the Association President and Xxxxxxx written notice of discipline is to correct employee behavior. Disciplinary any disciplinary action shall consist of written reprimandinvolving demotion, suspension, demotion or discharge within two (2) working days (working days shall mean Monday through Friday excluding Holidays and dismissalnot actual days worked) after such action.
X. Any complaint that the alleged breach of discipline was not, in fact, committed may be treated as a grievance if the complaint:
1. A Department Head may suspendConcerns disciplinary action involving demotion, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8suspension, Section and discharge;
2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. An action must be Is presented to the employee in writing within a reasonable time two (2) working days after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement University's notification of the disciplinary action; and
3. Is presented directly in the Third Step of the grievance procedure.
X. Xxxxxxx to submit a written grievance by the employee within the two (2) working day period constitutes a waiver of all claims concerning such disciplinary demotion, suspension, or admitting discharge.
G. An official personnel file for each employee is maintained by the University. An employee may inspect the contents of his/her personnel file, or any extension thereof, during the University's normal business hours by filing a written request to the infraction or wrong doing.
Section 2Office of Human Resources. A Department Head may reprimand any employee for just cause. Such reprimand Requests shall be in writing and addressed and presented to the employee who will initial receipthonored within two (2) working days. The employee may grieve designate in writing that he/she desires a representative of the reprimand directly Association to examine documents from his/her file and the Human Resources Director or his designated representativerepresentative of the Association shall be permitted to do so. The grievance procedure as outlined An employee may request a copy of documents in Article 8 shall not apply to this Sectionhis/her personnel file for the current established fee. The employee may present has a written rebuttal right to the final decision regarding the grievance within ten (10) working days of date of decision which submit a response to any document placed in his/her file. Such a response shall be attached to and become part of filed with the file pertaining to the grievancedocument placed in his/her file. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary Each employee shall not have the right to grieve a reprimandplace in his/her personnel file materials which attest to his/her proficiency and experience.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissal.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1. The purpose discharge and disciplining of discipline is employees shall be subject to correct employee behavior. Disciplinary action the following limitations:
A. Suspensions and discharge shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only be for “just cause,” as .
B. The School District agrees that term it will promptly notify the President of the Local Union of any discharge or disciplinary action taken with respect to any employee, and that such notice will be in writing.
C. The discharged or disciplined employee will be allowed to discuss the action taken by the School District with the xxxxxxx at the time or immediately after such action is defined taken; and, subject to the provisions here, such conference may take place on School District property. Nothing herein contained, however, shall prevent the School District from requiring the summary removal of the offending employee if it appears that the safety of any person or property or the maintenance of proper decorum requires such summary removal. Should the discharged or disciplined employee, xxxxxxx, or the Union consider the action of the School District to be improper, the procedure described in Article 8, Section 2. Provisions for disciplinary actions should above, dealing with grievances shall be limited followed in presenting the matter to those listed above. Other solutions may be obtained through mutual consent by managementthe School District.
D. In imposing any discipline with respect to a current offense of an employee, the Union and School District may take into account any prior infractions or violations of rules or common standards of propriety committed by the employee. An action must be presented to the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing.
Section 2. A Department Head may reprimand any employee for just cause. Such reprimand It shall be in writing improper, however, for the School District to impose at the time of any current impropriety, and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted additional penalty for any wrongful act committed by the Human Resources Department to the Department Head who wrote the reprimand. A probationary offending employee shall not have the right to grieve at a reprimand.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for time more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later remote than one (1) working day after year, whether or not the date of suspension is made effective. Such notice employee was disciplined for the prior wrongdoing at the time it occurred.
E. Grievances pertaining to a discharged employee shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, be processed directly to the Board Superintendent of Schools, or his designee, within ten five (105) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspensiondischarge, with all documentation for the above items in this Article.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. F. Any employee who is dismissed may appealdocked due to disciplinary reasons in excess of five (5) days, in writingfrom July 1 through June 30, shall have their seniority date adjusted, moved up, to equal the Board within ten (10) working number of days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissaldocked.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1. The purpose of discipline is to correct employee behavior. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head County may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. An action must be presented to the employee in writing within a reasonable time after the alleged incident or conduct an investigation of the any alleged incident has been completed. The violation committed by an employee will initial receipt of the same without implying agreement or admitting County’s rules and regulations, as well as all statutes and ordinances applicable to employees, and by specific order, require the infraction or wrong doingemployee to submit a truthful and accurate written report concerning any such alleged violations.
Section 2. A Department Head may reprimand any No employee shall be reduced in pay, suspended, discharged, removed, or otherwise disciplined, except for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand.
Section 3. A Department Head may suspend Except as otherwise provided herein, an employee without pay for just cause for a period employee’s off-duty conduct shall not result in discipline or periods not exceeding thirty (30) working days in any twelve (12) months; howeverdischarge unless such off-duty conduct impairs the employee’s ability to effectively or efficiently perform his assigned job duties, no single suspension shall be for more than fifteen (15) working daysor such off-duty conduct unreasonably interferes with or diminishes the overall performance, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration effectiveness, or efficiency of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, Department or that which brings disrepute to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspensiondepartment or County.
Section 4. A Department Head Forms of disciplinary action may dismiss any employee only for just cause at any include:
A. Verbal warning (time and at the time of dismissal shall furnish the employee date recorded);
B. Written reprimand;
C. Mandatory Referral to EAP;
D. Suspension with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, pay;
E. Suspension without pay;
F. Reduction in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissalpay rate;
G. Discharge from employment.
Section 5. Upon being informed Incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, neglect or abuse of tools, machinery, equipment, or apparatus, absence without leave, any other failure of good behavior, or any other acts of misfeasance, malfeasance, or nonfeasance in office shall be cause for disciplinary action.
Section 6. Whenever the County determines that an employee’s conduct may warrant a suspension, reduction, discharge, or any other action resulting in a loss of pay, a pre- disciplinary conference will be scheduled to give the employee has been accused an opportunity to offer an explanation of behavior whichor to refute the alleged violation. Written notice of such conference may be mailed, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not emailed or personally delivered to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee. Such notice shall also advise the employee of his rights to be represented at the conference by his xxxxxxx and/or Union representative. Said conference must take place within five (5) workdays from when notice is given, he and the time, date and place will be by mutual agreement.
Section 7. Disciplinary action taken by the County against an employee, resulting in suspension, reduction, discharge, or any other action resulting in a loss of pay, shall give written notice of the dismissal only be appealable in accordance with Section 4the Grievance Procedure contained herein, and if such appeal shall be the sole and exclusive remedy available to the employee. For discharge, the
Section 8. Disciplinary action resulting in suspension, reduction, discharge, or any other action resulting in a loss of pay shall not be considered in any other actions after investigationa period of 36 months. All other disciplinary action shall not be considered in any other actions after a period of 24 months.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 116.1. Employees may be disciplined only for just and reasonable cause. The purpose principles of progressive corrective discipline is to correct employee behaviorshall be applied. Disciplinary action Progressive discipline shall consist take into account the nature of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by managementthe violation, the Union employee's record of discipline, and the employee’s record of performance and conduct. An action must Generally, progressive discipline shall mean counseling, verbal warning/reprimand, written warning/reprimand, suspension and discharge. Exceptions to progressive discipline may be presented to made where the employee in writing within a reasonable time after the alleged incident or an investigation severity of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doingoffense warrants.
Section 216.2. A Department Head bargaining unit member shall not be peremptorily discharged from and after the effective date of this Agreement, but that in all instances in which Management concludes that a bargaining unit member’s conduct may reprimand any employee for just cause. Such reprimand justify suspension or discharge, he shall be in writing and addressed and presented entitled to a hearing prior to the employee who will initial receipt. The suspension being invoked, unless the offense warrants immediate removal from the premises, at which time the employee may grieve be placed on administrative leave with or without pay until the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimandhearing.
Section 316.3. A Department Head may suspend an employee Bargaining unit members are entitled to have a Union representative present during their disciplinary conference including the interview that could lead up to a pre•disciplinary hearing and when a verbal or written reprimand is issued, providing the Union representative is immediately available and can be excused from his/her duties without pay for just cause for causing a period hardship on other employees or periods the Employer’s functions. If the Union representative is not exceeding thirty (30) working days in any twelve (12) months; howeveravailable or cannot be released, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension conference will take place when a Union representative is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspensionavailable.
Section 16.4. Bargaining unit members who are being considered for a disciplinary suspension or discharge shall be notified in writing at least five (5) calendar days in advance of the pre-
1. Time, date and location of the hearing;
2. Notice of the bargaining unit member’s right to be represented at the hearing; right to call voluntary witnesses and cross-examine any witnesses called by the Employer and right to present evidence to support the bargaining unit member’s position.
3. The name of the hearing officer or neutral third party who will conduct the hearing;
4. A Department Head may dismiss any employee only for just cause at any time The specific charge(s), violation(s) or breach(es) of conduct of which the bargaining unit member is accused and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissalaction proposed.
Section 516.5. Upon being informed that an employee has been accused Bargaining unit members who do not wish a hearing must submit a signed statement to the Executive Director of behavior which, if substantiated, would the Xxxxx County Children Services Board or his/her designated representative.
Section 16.6. A hearing will be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed held within thirty (30) calendar days for from the purpose date of investigation confirmation of the accusationoffense, provided that if after unless an outside agency is conducting an investigation related to the Department Head determines to dismiss offense for which the employee, he shall give written notice employee was disciplined /discharged or the alleged violation involves a criminal felony charge.
Section 16.7. The hearing officer will issue a decision within seven (7) calendar days of the dismissal hearing.
Section 16.8. Bargaining unit members may file a grievance in accordance with the grievance procedure contained in this Agreement. However, verbal and written warnings may not be appealed to arbitration.
Section 416.9. Bargaining unit members are to be afforded Union representation at any stage of disciplinary action or the right to waive such in writing. The local President and Ohio Council 8 staff representative shall be copied on the charge letter.
Section 16.10. The Xxxxx County Children Services Board will not consider previous disciplinary action for progressive disciplinary purposes in accordance with the following schedule, and if after investigationproviding the employee has not received additional discipline for the same or similar offense during the period of time, in which case the period of time begins with the most recent discipline.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1(a) The Employer may opt to arrange a meeting with an Employee prior to imposing discipline to provide a “Letter of Professional Consultation” and meet with the Employee concerned to discuss the professional issues. The purpose Professional Consultation meeting shall be scheduled to allow for Union representation and notice for the meeting shall be provided to the Employee concerned and the Lead Unit Xxxxxxx. A Letter of Professional consultation shall not be considered discipline, but rather an option to discuss issues before they may become a matter involving discipline.
(b) When the Employer imposes discipline on an employee, the Employer agrees to provide notice of discipline to the employee concerned and to the Lead Unit Xxxxxxx, or the OPSEU Staff Representative. The disciplinary meeting shall be scheduled to allow for union representation at such meeting, within three (3) business days, or as mutually agreed in writing between the parties.
9.02 An employee who is discharged or suspended shall be given a reasonable opportunity to meet with her xxxxxxx before leaving the Employer's premises unless in the circumstances it is necessary to require the employee to leave the premises immediately. The employee shall be notified in writing of such discharge or suspension.
9.03 An employee who is discharged or suspended may file a grievance at Step Two of the grievance procedure within seven (7) business days of such discharge or suspension.
9.04 An employee, upon written request to her Director, may, in the presence of a Director and accompanied by a Unit xxxxxxx, review the contents of her personnel file at a mutually agreeable time.
9.05 Any letter of reprimand or suspension will be removed from the record of an employee twelve (12) months following the receipt of such letter or suspension provided that the employee’s record has been discipline free for such twelve (12) month period.
9.06 The employer shall provide an employee a copy of each performance appraisal conducted by the employer. A copy of any completed evaluation, which is to correct employee behavior. Disciplinary action be placed in an employee’s file, shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and first reviewed with the employee. The employee shall sign such evaluation as having been read.
9.07 An action must employee shall be presented given an opportunity to provide written comments on the performance appraisal form.
9.08 In cases involving disciplinary matters, the Unit Xxxxxxx shall be permitted access to the employee’s information as noted in Article 9.04 above, provided written consent has been given by the Employee concerned.
(a) The Employer shall provide an employee in writing within with written reasons for any disciplinary action.
(b) The Employer shall provide the Union with a reasonable time after copy of any written complaint(s) and disclosures that are the alleged incident or an investigation subject of the alleged incident has been completed. The employee will initial receipt discipline being grieved, before the Step 2 meeting of the same without implying agreement or admitting to the infraction or wrong doingGrievance Procedure.
Section 2. A Department Head may reprimand any employee for just cause. Such reprimand 9.10 When discipline is imposed, the Employee shall be in writing and addressed and presented have the option to the employee who will initial receipt. The employee may grieve the reprimand directly provide their written response to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision such discipline which shall be attached to and become part of the file pertaining to disciplinary letter in the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimandEmployees personnel file.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissal.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 1 contract
Samples: Collective Agreement
DISCHARGE AND DISCIPLINE. Section 116.1. Employees may be disciplined only for just and reasonable cause. The purpose principles of progressive corrective discipline is to correct employee behaviorshall be applied. Disciplinary action Progressive discipline shall consist take into account the nature of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by managementthe violation, the Union employee's record of discipline, and the employee’s record of performance and conduct. An action must Generally, progressive discipline shall mean counseling, verbal warning/reprimand, written warning/reprimand, suspension and discharge. Exceptions to progressive discipline may be presented to made where the employee in writing within a reasonable time after the alleged incident or an investigation severity of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doingoffense warrants.
Section 216.2. A Department Head bargaining unit member shall not be peremptorily discharged from and after the effective date of this Agreement, but that in all instances in which Management concludes that a bargaining unit member’s conduct may reprimand any employee for just cause. Such reprimand justify suspension or discharge, he shall be in writing and addressed and presented entitled to a hearing prior to the employee who will initial receipt. The suspension being invoked, unless the offense warrants immediate removal from the premises, at which time the employee may grieve be placed on administrative leave with or without pay until the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimandhearing.
Section 316.3. A Department Head may suspend an employee Bargaining unit members are entitled to have a Union representative present during their disciplinary conference including the interview that could lead up to a pre-disciplinary hearing and when a verbal or written reprimand is issued, providing the Union representative is immediately available and can be excused from his/her duties without pay for just cause for causing a period hardship on other employees or periods the Employer’s functions. If the Union representative is not exceeding thirty (30) working days in any twelve (12) months; howeveravailable or cannot be released, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension conference will take place when a Union representative is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspensionavailable.
Section 16.4. Bargaining unit members who are being considered for a disciplinary suspension or discharge shall be notified in writing at least five (5) calendar days in advance of the pre-
1. Time, date and location of the hearing;
2. Notice of the bargaining unit member’s right to be represented at the hearing; right to call voluntary witnesses and cross-examine any witnesses called by the Employer and right to present evidence to support the bargaining unit member’s position.
3. The name of the hearing officer or neutral third party who will conduct the hearing;
4. A Department Head may dismiss any employee only for just cause at any time The specific charge(s), violation(s) or breach(es) of conduct of which the bargaining unit member is accused and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissalaction proposed.
Section 516.5. Upon being informed that an employee has been accused Bargaining unit members who do not wish a hearing must submit a signed statement to the Executive Director of behavior which, if substantiated, would the Adams County Children Services Board or his/her designated representative.
Section 16.6. A hearing will be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed held within thirty (30) calendar days for from the purpose date of investigation confirmation of the accusationoffense, provided that if after unless an outside agency is conducting an investigation related to the Department Head determines to dismiss offense for which the employee, he shall give written notice employee was disciplined /discharged or the alleged violation involves a criminal felony charge.
Section 16.7. The hearing officer will issue a decision within seven (7) calendar days of the dismissal hearing.
Section 16.8. Bargaining unit members may file a grievance in accordance with the grievance procedure contained in this Agreement. However, verbal and written warnings may not be appealed to arbitration.
Section 416.9. Bargaining unit members are to be afforded Union representation at any stage of disciplinary action or the right to waive such in writing. The local President and Ohio Council 8 staff representative shall be copied on the charge letter.
Section 16.10. The Adams County Children Services Board will not consider previous disciplinary action for progressive disciplinary purposes in accordance with the following schedule, and if after investigationproviding the employee has not received additional discipline for the same or similar offense during the period of time, in which case the period of time begins with the most recent discipline.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1. 7.1 The purpose of Medical Center shall not discharge, discipline is to correct or suspend any employee behavior. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “without just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the .
7.2 The Union and the employeeemployee involved shall be advised in writing of any discharge or suspension. An action must be presented A copy of the notice given to the employee shall be e-mailed, faxed or sent via inter-office or regular mail to the Union within forty-eight (48) hours.
7.3 A grievance by an employee claiming that s/he has been unjustly or improperly discharged, disciplined or suspended must be submitted to the Medical Center, in writing writing, within a reasonable time after fourteen (14) calendar days of receipt by the alleged incident or an investigation Union of the alleged incident has been completedwritten notification of discharge, disciplinary action or suspension. Discharges or suspensions shall be brought directly to Step 3 of the grievance procedure.
7.4 Prior to an employee being brought into an investigational conference that may lead to discipline, the employer representative shall inform the employee of the nature of the conference, including the possibility of a verbal or written warning, suspension or discharge. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing.
Section 2. A Department Head may reprimand any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head employer representative shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have that s/he has the right to appeal have a suspensionUnion Representative of his/her choice at the conference. All investigational interviews will be conducted in person unless: • A patient care issue is involved and information is required to maintain safe patient care and/or • The employee requests a phone interview. In the event an investigational interview is conducted via phone, the same notice of the employee's right to representation will be given. If the employee wishes, arrangements will be made for the Union representative to participate via phone.
Section 4. A Department Head may dismiss any 7.5 When scheduling a meeting with an employee only for just cause at any time and that is to take place when the employee is not on duty, he/she will be notified a minimum of twenty-four (24) hours in advance of the issue that will be addressed at the time meeting and whether the meeting could lead to disciplinary action. However, when the issue to be discussed pertains to the health, welfare or safety of dismissal a patient, a patient’s family, or an employee, or to a serious patient complaint, less than twenty-four (24) hours’ notice may be given. Prior to the meeting, the Medical Center will make every reasonable effort to contact a union representative. An employee may not refuse to participate in such meeting on the grounds that a specific union representative is not available if another authorized union representative is working or otherwise available in the Medical Center when the meeting is to be held. Meetings hereunder shall furnish be scheduled at a mutually agreeable date and time. However, when the issue to be discussed pertains to the health, welfare or safety of a patient, a patient’s family, or an employee, or to a serious patient complaint, and the Medical Center reasonably determines that immediate attention is required, the employee may not unreasonably refuse to attend a meeting on a date and time scheduled by the Medical Center.
7.6 The Medical Center will not hold a meeting with an employee which could lead to disciplinary action without a written statement of other reasons union representative present, unless the employee declines union representation by signing the following form designated for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee that purpose:
7.7 Discipline shall not have the right to appeal a dismissal.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed issued more than thirty (30) calendar days after the Employer knew or reasonably should have known of the event/incident or the last in a series of events that are reasonably related in time and substance, which led to the issuance of the discipline. The thirty (30) day period may be extended by mutual agreement. Discipline resulting from regulatory agency complaints, patient complaints and discipline resulting from violation(s) of the Medical Center’s punctuality and attendance policy shall be excluded from this limitation.
7.8 A disciplinary meeting that is to take place when the employee is not on duty shall be scheduled at a mutually agreeable date and time.
7.9 If the discharge of a bargaining unit employee results from the conduct relating to a patient and the patient does not appear at any stage of the grievance procedure, such failure of the patient to appear shall not be deemed as prejudicial. The term “patient” for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he this provision shall give written notice of the dismissal include those seeking care or treatment in accordance with Section 4, and if after investigationclinics or emergency rooms as well as those already admitted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 13.1. Employees shall not be discharged, suspended or otherwise disciplined by the Employer without just cause after completing a trial or probationary period of sixty- five (65) days of actual work. Employees hired shall not be discharged, suspended or otherwise disciplined by the Employer without just cause after completing a trial or probationary period of sixty-five (65) days of actual work, except that employees hired prior to the effective date of this Agreement shall continue to serve a probationary period of forty-five (45) days of actual work.
3.2. The purpose of discipline is to correct employee behavior. Disciplinary action Employer shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and the employee. An action must be presented to the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing.
Section 2. A Department Head may reprimand give any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director discharged or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with disciplined a written statement of the reasons grounds for the dismissaldischarge or discipline within a reasonable period of time not to exceed seven (7) working days after the discharge or discipline. The Employer shall provide the Union with a copy of any such statement at the same time.
3.3. Any warning notices entered into an employee’s personnel file shall not be considered for purposes of assessing discipline after an eighteen (18) -month period, provided the employee who has not committed a similar offense within the eighteen (18) -month period following the warning notice.
3.4. Before imposing any discipline, the Employer, at the employee’s request, shall first notify the employee’s Union Xxxxxxx and shall allow the Union Xxxxxxx to be present when the discipline is dismissed may appealissued, if the Union Xxxxxxx is available during the particular shift. A Union Xxxxxxx in the employee’s building shall be permitted reasonable time off necessary to provide representation to employees without loss of pay, whenever these meetings occur within the employee’s building. The Union shall provide the Employer the name(s) of the Union Xxxxxxx(s) at each location in writing, and will provide the Employer with written updates of such information whenever there is a change of Xxxxxxx at any location. In addition, the Union shall promptly provide such information to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissalEmployer upon its written request.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1a. After completion of the probationary period, employees may be discharged, disciplined, reprimanded, or demoted only for cause. Employees shall have the right to have a CEASMC representative present at any disciplinary conference.
b. Any written discipline shall include provision for the employee to sign that he/she has received the disciplinary material. The purpose of discipline is employee’s signature indicates that a copy has been received, not that the employee necessarily agrees with the content. The employee has fifteen (15) workdays to correct employee behaviorrespond in writing to any disciplinary communication. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just For good cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and Department of Human Resources may grant an extension of the employee. An action must be presented time for the employee to respond to a disciplinary communication.
c. The principal, site administrator, or department head shall inform the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completedintent to recommend suspension or discharge.
d. Employees and the Board agree that as a general rule, complaints concerning personnel should be dealt with at the lowest organizational level.
e. Decisions on complaints shall not be made without interviewing the subordinate against whom the complaint was lodged. If the complaint is in writing, the unit member will be given a copy of the portion of the letter directly pertinent to that employee. Any identifying information about others (excluding the complainant) may be redacted, if necessary. The employee will initial be required to sign the material acknowledging receipt of the same without implying agreement or admitting to the infraction or wrong doingcopy.
Section 2f. In order to respect the rights of all persons involved, employees will be afforded due process. A Any parent, student, or other third person complaints made to any member of the administration that are used in any manner in evaluating such personnel will be investigated and called to his/her attention, unless the investigation is being conducted by a law enforcement agency or the Department Head may reprimand any of Social Services. Anonymous complaints that have not been verified shall not be used against the employee for just causein matters of discipline or evaluation. Such reprimand Any non-probationary employee found by the Superintendent, the Board, or the Public School Employees Labor Relations Board to be unjustly suspended or discharged shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand.
Section 3. A Department Head may suspend an employee without pay reinstated with full compensation for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension.
Section 4. A Department Head may dismiss any employee only for just cause at any all lost time and at the time with full restoration of dismissal shall furnish the employee with a written statement all rights and conditions of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissalemployment.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 1 contract
Samples: Collaboration Agreement
DISCHARGE AND DISCIPLINE. Section 1a. After completion of the probationary period, employees may be discharged, disciplined, reprimanded, or demoted only for cause. Employees shall have the right to have a CEASMC representative present at any disciplinary conference.
b. Any written discipline shall include provision for the employee to sign that he/she has received the disciplinary material. The purpose of discipline is employee’s signature indicates that a copy has been received, not that the employee necessarily agrees with the content. The employee has 15 workdays to correct employee behaviorrespond in writing to any disciplinary communication. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just For good cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and Department of Human Resources may grant an extension of the employee. An action must be presented time for the employee to respond to a disciplinary communication.
c. The principal, site administrator, or department head shall inform the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completedintent to recommend suspension or discharge.
d. Employees and the Board agree that as a general rule, complaints concerning personnel should be dealt with at the lowest organizational level.
e. Decisions on complaints shall not be made without interviewing the subordinate against whom the complaint was lodged. If the complaint is in writing, the unit member will be given a copy of the portion of the letter directly pertinent to that employee. Any identifying information about others (excluding the complainant) may be redacted, if necessary. The employee will initial be required to sign the material acknowledging receipt of the same without implying agreement or admitting to the infraction or wrong doingcopy.
Section 2f. In order to respect the rights of all persons involved, employees will be afforded due process. A Any parent, student, or other third person complaints made to any member of the administration that are used in any manner in evaluating such personnel will be investigated and called to his/her attention, unless the investigation is being conducted by a law enforcement agency or the Department Head may reprimand any of Social Services. Anonymous complaints that have not been verified shall not be used against the employee for just causein matters of discipline or evaluation. Such reprimand Any non-probationary employee found by the Superintendent, the Board, or the Public School Employees Labor Relations Board to be unjustly suspended or discharged shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand.
Section 3. A Department Head may suspend an employee without pay reinstated with full compensation for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspension.
Section 4. A Department Head may dismiss any employee only for just cause at any all lost time and at the time with full restoration of dismissal shall furnish the employee with a written statement all rights and conditions of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissalemployment.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1a. After completion of the probationary period, employees may be discharged, disciplined, reprimanded, or demoted only for cause. Employees shall have the right to have a CEASMC representative present at any disciplinary conference.
b. Any written discipline shall include provision for the employee to sign that he/she has received the disciplinary material. The purpose of discipline is employee’s signature indicates that a copy has been received, not that the employee necessarily agrees with the content. The employee has 15 workdays to correct employee behaviorrespond in writing to any disciplinary communication. Disciplinary action shall consist of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote or dismiss an employee only for “just For good cause,” as that term is defined in Article 8, Section 2. Provisions for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by management, the Union and Department of Human Resources may grant an extension of the employee. An action must be presented time for the employee to respond to a disciplinary communication.
c. The principal, site administrator, or department head shall inform the employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completedintent to recommend suspension or discharge.
d. Employees and the Board agree that as a general rule, complaints concerning personnel should be dealt with at the lowest organizational level.
e. Decisions on complaints shall not be made without interviewing the subordinate against whom the complaint was lodged. If the complaint is in writing, the unit member will be given a copy of the portion of the letter directly pertinent to that employee. Any identifying information about others (excluding the complainant) may be redacted, if necessary. The employee will initial be required to sign the material acknowledging receipt of the same without implying agreement copy.
f. In order to respect the rights of all persons involved, employees will be afforded due process.
g. Any parent, student, or admitting other third person complaints made to any member of the administration that are used in any manner in evaluating such personnel will be investigated and called to his/her attention, unless the investigation is being conducted by a law enforcement agency or the Department of Social Services/Child Protective Services.
h. Anonymous complaints that have not been verified shall not be used against the employee in matters of discipline or evaluation.
i. Any non-probationary employee found by the Superintendent, the Board, or the Public School Employees Labor Relations Board to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all rights and conditions of employment.
j. Any information contained in the employee’s site file shall be shredded upon the permanent departure of a sitting site administrator from that site and prior to the infraction or wrong doing.
Section 2. A Department Head may reprimand any employee for just cause. Such reprimand shall be in writing and addressed and presented to the employee who will initial receipt. The employee may grieve the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding the grievance within ten (10) working days of date of decision which shall be attached to and become part arrival of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary employee shall not have the right to grieve a reprimand.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working daysnew site administrator at that same site, except in the case where a site administrator does not complete the school year at the location. In that case, the file will be stored in Human Resources, separate from the official personnel file, for its use only during that school year as site file content. Contents will be shredded at the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration end of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee shall not have the right to appeal a suspensionschool year.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissal.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCHARGE AND DISCIPLINE. Section 1. The purpose 7.1 9 • In a case of discipline is disciplinary action taken by the City involving discharge, reduction in rank or pay, or suspension from office against any member of the bargaining unit, all appeals to correct employee behavior. Disciplinary such action shall consist be in accordance with the grievance and arbitration procedures of written reprimand, suspension, demotion and dismissal. A Department Head may suspend, demote this Agreement.
A) The City shall not discharge or dismiss an employee only for “just cause,” as that term is defined in Article 8, Section 2. Provisions suspend for disciplinary actions should be limited to those listed above. Other solutions may be obtained through mutual consent by managementreasons, the Union and the employee. An action must be presented to the any non- probationary employee in writing within a reasonable time after the alleged incident or an investigation of the alleged incident has been completed. The employee will initial receipt of the same without implying agreement or admitting to the infraction or wrong doing.
Section 2. A Department Head may reprimand any employee except for just cause. Such reprimand Just cause may include, but is not limited to, violation of departmental rules and regulations, failure to obey superior officers' commands or failure to perform the duties of this position in a competent and professional manner. A consistent failure to meet organizational objectives as clearly set forth may also be grounds to discipline or discharge after an appropriate opportunity is given the employee to begin to meet such objectives. It is mutually agreed that progressive discipline for minor matters should be typically employed to correct minor problems. The non-probationary employee shall first receive an oral and/or written notice before more severe discipline is issued. It is acknowledged, however, that a warning notice, whether verbal or written, need not be in writing issued first for major rule and addressed and presented regulation infractions or for any other major cause. Discharge must be by proper written notice to the employee and a member of the bargaining unit who is a Union official citing specific reasons for such discharge.
B) Discharged or suspended non-probationary employees will initial receiptbe permitted to review their discharge or suspension with their Xxxxxxx. The Upon request, the City or designated representative may discuss the discharge or suspension with such employee and the Xxxxxxx. •
C) Should a non-probationary employee, who has been discharged or given a disciplinary suspension, consider such discipline to be improper, a grievance may grieve be processed initially at the reprimand directly to the Human Resources Director or his designated representative. The grievance procedure as outlined in Article 8 shall not apply to this Section. The employee may present a written rebuttal to the final decision regarding step of the grievance procedure, provided the grievance is submitted within ten • five (105) working days from the date discipline was imposed on the aggrieving employee . Discharge of date of decision probationary employees is not subject to the grievance procedure.
D) The parties hereby agree that once an employee has elected to pursue a remedy under State or Federal law for alleged conduct which shall may be attached to and become part a violation of the file pertaining to the grievance. The rebuttal shall be delivered to the Human Resources Department and a copy transmitted by the Human Resources Department to the Department Head who wrote the reprimand. A probationary Collective Bargaining Agreement, such employee shall not have simultaneous resort to the right to grieve a reprimandgrievance procedure and any grievance then being processed shall be deemed withdrawn by the party filing. Any decision rendered shall be binding on both parties.
Section 3. A Department Head may suspend an employee without pay for just cause for a period or periods not exceeding thirty (30E) working days in any twelve (12) months; however, no single suspension shall be for more than fifteen (15) working days, except for the investigative suspension as defined in Section 5 of this Article. The Department Head shall notify the employee concerned and the Human Resources Director in writing no later than one (1) working day after the date of suspension is made effective. Such notice shall include the reasons for and the duration of the suspension. Any status employee who is suspended may appeal for a hearing, in writing, to the Board within ten (10) working days of notice of suspension. A probationary employee This shall not have the right to appeal a suspensionpreclude employees from exercising their rights guaranteed under State or Federallaw.
Section 4. A Department Head may dismiss any employee only for just cause at any time and at the time of dismissal shall furnish the employee with a written statement of other reasons for the dismissal and within one (1) working day of such action, furnish the Human Resources Director with a written statement of the reasons for the dismissal. Any employee who is dismissed may appeal, in writing, to the Board within ten (10) working days of notice of dismissal. A probationary employee shall not have the right to appeal a dismissal.
Section 5. Upon being informed that an employee has been accused of behavior which, if substantiated, would be just cause for dismissal, the Department Head shall have the option of suspending an employee without pay for a period not to exceed thirty (30) calendar days for the purpose of investigation of the accusation, provided that if after investigation the Department Head determines to dismiss the employee, he shall give written notice of the dismissal in accordance with Section 4, and if after investigation
Appears in 1 contract
Samples: Collective Bargaining Agreement