Common use of DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE Clause in Contracts

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand, Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and in the presence of other employees takes place, the Employer shall not be restricted by the operation of this Section. Section 5. The provisions of Section 1 shall not apply during the initial 180 calendar days of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017. Section 8. An employee who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee shall be deemed a subject of an investigation when the employee has been accorded a "subject interview". Section 9. The Commonwealth agrees to meet and discuss at the request of the Union over the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, procedure within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,demotion, suspension, or discharge. Prior to placing an employee on suspension pending investigation for alleged misconduct, consideration will be given to alternate assignments or modifications of duties if appropriate, as determined by management. Section 2. Any action instituted under Section 1 l of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient patient/resident/inmate/client abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient patient/resident/inmate/client to appear as prejudicial. Section 4. The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees. In general, including this means that the manner notice of discipline will take place in which suspended an office or discharged employees are escorted off of the Employer’s premisesprivate place. It However, it must be kept in mind, however, mind that where insubordination or flouting of authority by an employee in public and in the presence of other employees takes place, the Employer shall not be restricted by the operation of this Sectionsection. The Employer will not take any disciplinary action against employees for appropriately advocating or appropriately attempting to bring about improvements in standards of patient care. Section 5. The provisions of Section 1 this Article shall not apply during an employee's probationary period which shall be the initial 180 calendar days of employment except for employees in trainee classes whose probationary employment, or period shall coincide with the length of the Civil Service probationary trainee period, whichever is longer. The probationary period can be extended by written mutual agreement between the Employer Union and the appropriate local or district council of the Union Employer for an additional period, period during which time Section 1 l shall not apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement workersWorkers' compensation Compensation shall not count toward the employee’s initial probationary period or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. After a period of two years, a written reprimand or reference to an oral reprimand shall be removed from the employee's official personnel folder if no intervening incidents of the same or a similar nature have occurred. Section 8. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27August 31, 2017. Section 8. An employee who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee shall be deemed a subject of an investigation when the employee has been accorded a "subject interview". Section 9. The Commonwealth agrees to meet and discuss at the request of the Union over the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrenceprocedure under Article 5. The appropriate district council PSEA and local of the Union CIVEA shall be notified promptly by the Employer of any reprimand,demotion, suspension, or discharge by sending notification of the disciplinary action via electronic mail. Section 2. For each employee hired on or after the effective date of this Agreement there shall be a probationary period of 180 calendar days and the provisions of Section 1 above shall not be applicable during this probationary employment of up to 180 calendar days. The 180 calendar days shall begin on the date the employee enters the Department of Corrections Training Academy. The probationary period can be extended by written agreement between the Employer and CIVEA for an additional period, during which time the provisions of Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement Workers' Compensation will not count toward the probationary period. Section 3. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and in the presence of other employees takes place, the Employer shall not be restricted by the operation of this Section. Section 5. The provisions of Section 1 shall not apply during the initial 180 calendar days of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017. Section 8. An employee who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". ." An employee shall be deemed a subject of an investigation when the employee has been accorded a "'subject interview"'. Section 95. The Commonwealth agrees to meet Employer and discuss at the request of the Union over agree to the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions alternative forms of Continued Employment for individual employees.discipline in lieu of suspension actions program in accordance with Appendix N.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee without just cause. An employee may appeal a disciplinary demotion, suspension, or discharge beginning at the third second step of the standard grievance procedure/first step of the accelerated grievance procedureprocedure contained in Article 37, within 15 fifteen (15) working days of the date of its occurrence, and subject to any conditions set forth in the grievance procedure under Article 37. The appropriate district council and local Union shall notify the Office of the Union Chancellor in writing of the Executive Board Member of each Local (502 and 506) it designates to receive notification of any disciplinary demotion, suspension or discharge. The Employer shall be notified promptly notify the designated Executive Board member of the appropriate Local (502 or 506) by email of any disciplinary demotion, suspension or discharge. The failure of the Employer to comply with the preceding notification requirements will not affect the validity of any reprimand,the action, but will suspend the time period set forth in Step 1 of Section 1 of Article 37, Grievances and Arbitration, until the notification is sent. Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In The provisions of Section l shall not apply during the event any action is taken initial 365 calendar days of probationary employment. The probationary period can be extended by written agreement between the Employer under and the provisions appropriate Local of this Article the Union for an additional period, during which involves patient abuse and a grievance is filed by an employee, the arbitrator time Section l shall not consider apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement workers' compensation shall not count toward the failure of the patient to appear as prejudicialinitial 365 calendar days or any extension period. Section 4. The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and in the presence of other employees takes place, the Employer shall not be restricted by the operation of this Section. Section 5. The provisions of Section 1 shall not apply during the initial 180 calendar days of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017. Section 8. An employee who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee shall be deemed a subject of an investigation when the employee has been accorded a "subject interview". Section 9. The Commonwealth agrees to meet and discuss at the request of the Union over the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee officer without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,suspension, discharge or demotion of an officer. The failure of the Employer to comply with the preceding notification requirements will not affect the validity of the action, but will suspend the time period set forth above until the notification is sent. Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees officers in such a manner so as not to embarrass the employee officer before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premisesofficers. It must be kept in mind, however, that where insubordination or flouting of authority by an employee officer in public and or in the presence of other employees officers takes place, the Employer shall not be restricted by the operation of this Section. Section 54. The provisions of Section 1 shall not apply during the initial 180 calendar days twelve (12) months of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee officer is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period initial twelve (12) months or any extension period. Section 65. This Article shall not apply to demotions resulting from an employee officer appeal, an Employeremployer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017. Section 86. An employee officer who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee officer who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee officer shall be deemed a subject of an investigation when the employee officer has been accorded a "subject interview". Section 97. The Commonwealth agrees Effective 30 calendar days from the date this agreement is signed, the parties agree to meet and discuss at continue the request use of the Union over alternative forms of discipline program and to expand its use in accordance with the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employeessideletter dated March 20, 2018.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,suspension, discharge or demotion provided, however, the requirement to notify the district council and local of the Union will not be applicable if the Union has not informed, in writing the agency or institution of the applicable district council and local for the employee involved. The failure of the Employer to comply with the preceding notification requirements will not affect the validity of the action, but will suspend the time period set forth above until the notification is sent. Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and in the presence of other employees takes place, the Employer shall not be restricted by the operation of this Section. Section 5. The provisions of Section 1 shall not apply during the initial 180 calendar days of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period initial 180 calendar days or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27February 1, 20172000. Section 8. An employee who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee shall be deemed a subject of an investigation when the employee has been accorded a "subject interview". Section 9. The Commonwealth agrees to meet and discuss at the request of the Union over the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.

Appears in 1 contract

Samples: Master Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, procedure within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,demotion, suspension, or discharge. Section 2. Any action instituted under Section 1 l of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient patient/resident/inmate/client abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient patient/resident/inmate/client to appear as prejudicial. Section 4. The Employer will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees. In general, including this means that the manner notice of discipline will take place in which suspended an office or discharged employees are escorted off of the Employer’s premisesprivate place. It However, it must be kept in mind, however, mind that where insubordination or flouting of authority by an employee in public and in the presence of other employees takes place, the Employer shall not be restricted by the operation of this Sectionsection. The Employer will not take any disciplinary action against employees for appropriately advocating or appropriately attempting to bring about improvements in standards of patient care. Section 5. The provisions of Section 1 this Article shall not apply during an employee's probationary period which shall be the initial 180 calendar days of employment except for employees in trainee classes whose probationary employment, or period shall coincide with the length of the Civil Service probationary trainee period, whichever is longer. The probationary period can be extended by written mutual agreement between the Employer Union and the appropriate local or district council of the Union Employer for an additional period, period during which time Section 1 l shall not apply. Periods of leave without pay and periods of time during which an employee is using paid leave to supplement workersWorkers' compensation Compensation shall not count toward the employee’s initial probationary period or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. After a period of two years, a written reprimand or reference to an oral reprimand shall be removed from the employee's official personnel folder if no intervening incidents of the same or a similar nature have occurred. Section 8. The Employer and the Union agree to expand continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017letter. Section 8. An employee who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee shall be deemed a subject of an investigation when the employee has been accorded a "subject interview". Section 9. The Commonwealth agrees to meet and discuss at the request of the Union over the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee officer without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,suspension, discharge or demotion of an officer. The failure of the Employer to comply with the preceding notification requirements will not affect the validity of the action, but will suspend the time period set forth above until the notification is sent. Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees officers in such a manner so as not to embarrass the employee officer before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premisesofficers. It must be kept in mind, however, that where insubordination or flouting of authority by an employee officer in public and or in the presence of other employees officers takes place, the Employer shall not be restricted by the operation of this Section. Section 54. The provisions of Section 1 shall not apply during the initial 180 calendar days twelve (12) months of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee officer is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period initial twelve (12) months or any extension period. Section 65. This Article shall not apply to demotions resulting from an employee officer appeal, an Employeremployer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017. Section 86. An employee officer who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee officer who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee officer shall be deemed a subject of an investigation when the employee officer has been accorded a "subject interview". Section 97. The Commonwealth agrees parties agree to meet and discuss at continue the request use of the Union over the SEAP Program. It is understood that the Union has not waived alternative forms of discipline program and to expand its right to negotiate over Conditions use for instances of Continued Employment for individual employeesunsatisfactory work performance on a specific work project or work product.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer University management shall not demote, suspend, discharge discharge, or take any disciplinary action against an employee without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step Step 1 of the standard grievance procedure/first step of the accelerated grievance procedure, procedure within 15 12 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer University of any reprimand,demotion, suspension, or discharge. Section 2. Any action instituted under Section 1 l of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer University management under the provisions of this Article which involves patient patient/client/student abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient patient/client/student to appear as prejudicial. Section 4. The Employer University management will attempt to discipline employees in such a manner so as not to embarrass the employee before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee in public and in the presence of other employees takes place, the Employer University management shall not be restricted by the operation of this Section. University management will not take any disciplinary action against employees for appropriately advocating or appropriately attempting to bring about improvements in standards of patient care. Section 5. The provisions of Section 1 this Article shall not apply during the initial 180 calendar days of probationary employment, or the length of the Civil Service an employee's probationary period, whichever is longerwhich shall be the initial six months of employment. The probationary period can be extended by written mutual agreement between the Employer Union and the appropriate local or district council of the Union University management for an additional period, period during which time Section 1 l shall not apply. Periods of leave without pay and periods of time during which an employee is using paid work-related disability leave to supplement workers' compensation shall not count toward the employee’s initial probationary period or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employera University-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and After a period of two years, a written reprimand or reference to an oral reprimand shall be removed from the Union agree to expand employee's official personnel folder if no intervening incidents of the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017same or a similar nature have occurred. Section 8. An employee who is the subject of an Inspector General investigation The Alternative Discipline Program as outlined in Appendix H will continue to be notified when the investigation is concludedused for situations involving time and attendance and poor work performance. The employee who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee shall be deemed a subject of an investigation when the employee has been accorded a "subject interview". Section 9. The Commonwealth agrees to meet and discuss at the request of the Union over the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.Alternative

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an employee officer without just cause. An employee officer may appeal a demotionreprimand, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,demotion or Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees officers in such a manner so as not to embarrass the employee officer before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premises. It must be kept in mind, however, that where insubordination or flouting of authority by an employee officer in public and in the presence of other employees takes place, the Employer shall not be restricted by the operation of this Section. Section 54. The provisions of Section 1 shall not apply during the initial 180 365 calendar days of probationary employment, or the length of the Civil Service probationary period, whichever is longeremployment for Waterways Officer Trainees. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union FOP representative for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee officer is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period initial 365 calendar days or any extension period. Section 6. This Article shall not apply to demotions resulting from an employee appeal, an Employer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 75. The Employer and the Union FOP agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017.Appendix F. Section 86. An employee officer who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee officer who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee officer shall be deemed a subject of an investigation when the employee officer has been accorded a "subject interview". Section 97. The Commonwealth agrees to meet and discuss at the request of the Union FOP over the SEAP Program. It is understood that the Union FOP has not waived its right to negotiate over Conditions of Continued Employment for individual employeesofficers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge discharge, or take any disciplinary action against an employee officer without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,suspension, discharge, or demotion of an officer. The failure of the Employer to comply with the preceding notification requirements will not affect the validity of the action, but will suspend the time period set forth above until the notification is sent. Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees officers in such a manner so as not to embarrass the employee officer before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premisesofficers. It must be kept in mind, however, that where insubordination or flouting of authority by an employee officer in public and or in the presence of other employees officers takes place, the Employer shall not be restricted by the operation of this Section. Section 54. The provisions of Section 1 shall not apply during the initial 180 calendar days twelve (12) months of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee officer is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period initial twelve (12) months or any extension period. Section 65. This Article shall not apply to demotions resulting from an employee officer appeal, an Employeremployer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017. Section 86. An employee officer who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee officer who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee officer shall be deemed a subject of an investigation when the employee officer has been accorded a "subject interview". Section 97. The Commonwealth agrees parties agree to meet and discuss at continue the request use of the Union over alternative forms of discipline program and to expand its use in accordance with the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.side letter dated March 20, 2018, found in Appendix E.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge discharge, or take any disciplinary action against an employee officer without just cause. An employee may appeal a demotion, suspension, or discharge beginning at the third step of the standard grievance procedure/first step of the accelerated grievance procedure, within 15 working days of the date of its occurrence. The appropriate district council and local of the Union shall be notified promptly by the Employer of any reprimand,suspension, discharge, or demotion of an officer. The failure of the Employer to comply with the preceding notification requirements will not affect the validity of the action, but will suspend the time period set forth above until the notification is sent. Section 2. Any action instituted under Section 1 of this Article shall be implemented within a reasonable period of time after the event giving rise to such disciplinary action or knowledge thereof. Section 3. In the event any action is taken by the Employer under the provisions of this Article which involves patient abuse and a grievance is filed by an employee, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Section 4. The Employer will attempt to discipline employees officers in such a manner so as not to embarrass the employee officer before the public or other employees, including the manner in which suspended or discharged employees are escorted off of the Employer’s premisesofficers. It must be kept in mind, however, that where insubordination or flouting of authority by an employee officer in public and or in the presence of other employees officers takes place, the Employer shall not be restricted by the operation of this Section. Section 54. The provisions of Section 1 shall not apply during the initial 180 calendar days twelve (12) months of probationary employment, or the length of the Civil Service probationary period, whichever is longer. The probationary period can be extended by written agreement between the Employer and the appropriate local or district council of the Union for an additional period, during which time Section 1 shall not apply. Periods of leave without pay and periods of time during which an employee officer is using paid leave to supplement workers' compensation shall not count toward the employee’s probationary period initial twelve (12) months or any extension period. Section 65. This Article shall not apply to demotions resulting from an employee officer appeal, an Employeremployer-initiated classification review or unsuccessful completion of a probationary period upon promotion. Section 7. The Employer and the Union agree to expand the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter dated January 27, 2017. Section 86. An employee officer who is the subject of an Inspector General investigation will be notified when the investigation is concluded. The employee officer who is not being subject to disciplinary action will be notified at the conclusion of the investigation that the allegations were either "unfounded" or "unsubstantiated". An employee officer shall be deemed a subject of an investigation when the employee officer has been accorded a "subject interview". Section 97. The Commonwealth agrees parties agree to meet and discuss at continue the request use of the Union over alternative forms of discipline program and to expand its use in accordance with the SEAP Program. It is understood that the Union has not waived its right to negotiate over Conditions of Continued Employment for individual employees.side letter dated March 20, 2018, found in Appendix G.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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