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, 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 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 2 contracts

Samples: 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, 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 or any extension period.time 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: Master 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, demotion 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 FOP 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 involveddemotion. 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 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 Conservation 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 C. 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 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 President of the Union appropriate Local (502 or 506), shall be notified promptly by the Employer certified letter of any reprimanddisciplinary demotion, suspension, discharge suspension 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 involveddischarge. 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 in Step 2 of Section 2 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 officer may appeal a demotionreprimand, suspension, demotion 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 FOP 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 involveddemotion. 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 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 Conservation 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 E. 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. Section 8. 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.

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.notification 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.a

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, 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.to 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

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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, within 15 working days of the date of its occurrenceprocedure under Article 5. The appropriate district council and local of the Union PSEA shall be notified promptly by the Employer of any reprimanddemotion, suspension, or discharge or demotion provided, however, the requirement to notify the district council and local by sending notification of the Union will not be applicable if disciplinary action to the Union has not informedPSEA offices located at Southern Regional Service Center, 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 action0000 Xxxxxxxx Xxxx, but will suspend the time period set forth above until the notification is sentXxxxxxxxxxxxx, XX 00000. 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 M.

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 step of the standard grievance procedure/first step of the accelerated grievance procedure, 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 33. The appropriate district council and local President of the Union Association and the Association legal counsel 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 provided a copy of the Union will not be applicable if disciplinary letter sent to the Union has not informed, in writing the agency or institution of the applicable district council and local for the employee involvedemployee. 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 in Step III of Section 2 of Article 33, Grievances & 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 180 calendar days of probationary employment or in the case of seasonal employees, during the first 975 regular straight-time hours of employment. The probationary period can be extended by written agreement between the Employer under and the provisions Union for an additional period, during which time Section l shall not apply. The Union shall advise the Employer of its representative for purposes of this Article which involves patient abuse Section. Periods of leave without pay and a grievance is filed by an employee, the arbitrator work-related disability leave shall not consider count toward the failure of the patient to appear as prejudicialinitial probationary period 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 continue the alternative forms of discipline in lieu of suspension actions program in accordance with the side letter sideletter dated January 27December 18, 20171997. 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 officer 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 FOP 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 involveddemotion. 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 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 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 Alternative Discipline Program will be notified when the investigation is concludedapplied only to disciplinary actions which would normally arise from situations involving time and attendance infractions and/or work performance problems, or an officer’s failure to pay his Corporate Card xxxx. The employee who is not being subject to disciplinary action following guidelines will be notified at used in determining the conclusion areas 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.applicability:

Appears in 1 contract

Samples: Collective Bargaining Agreement

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