DISCHARGE, DEMOTION, SUSPENSION AND DISCIPLINE. Section 1. The Employer shall not demote, suspend, discharge or take any disciplinary action against an officer without just cause. An officer may appeal a disciplinary demotion, suspension, or discharge beginning at the second step of the grievance procedure, within 15 working days of the date of its occurrence, and subject to any conditions set forth in the grievance procedure under Article 27. The FOP shall be notified promptly 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 the action, but will suspend the time period set forth in Step 2 of Section 2 of Article 27, 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. The provisions of this Article shall not apply during the initial 12 months of probationary employment. Periods of leave without pay and work-related disability leave shall not count toward the 12-month probationary period. Probationary periods can be extended upon agreement of the Commonwealth and FOP and will be automatically requested if mandatory training is not completed. Section 4. The Employer will attempt to discipline officers in such a manner so as not to embarrass the officer before the public or other officers. It must be kept in mind, however, that where insubordination or flouting of authority by an officer in public and in the presence of other officers takes place, the Employer shall not be restricted by the operation of this Section.
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 officer without just cause. An officer may appeal a disciplinary demotion, suspension, or discharge beginning at the second step of the grievance procedure, within 15 working days of the date of its occurrence, and subject to any conditions set forth in the grievance procedure under Article 27. The FOP shall be notified promptly 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 the action, but will suspend the time period set forth in Step 2 1 of Section 2 of Article 27, 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. The provisions of this Article shall not apply during the initial 12 months of probationary employment. Periods of leave without pay and work-related disability leave shall not count toward the 12-month probationary period. Probationary periods can be extended upon agreement of the Commonwealth and FOP and will be automatically requested if mandatory training is not completed.
Section 4. The Employer will attempt to discipline officers in such a manner so as not to embarrass the officer before the public or other officers. It must be kept in mind, however, that where insubordination or flouting of authority by an officer in public and in the presence of other officers takes place, the Employer shall not be restricted by the operation of this Section.
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 officer without just cause. An officer may appeal a disciplinary demotion, suspension, or discharge beginning at the second step The appropriate district council and local of the grievance procedure, within 15 working days of the date of its occurrence, and subject to any conditions set forth in the grievance procedure under Article 27. The FOP Union shall be notified promptly by the Employer of any disciplinary demotionsuspension, suspension discharge or dischargedemotion 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 officer 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 in Step 2 of Section 2 of Article 27, Grievances & Arbitration, 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. The provisions of this Article shall not apply during the initial 12 months of probationary employment. Periods of leave without pay and work-related disability leave shall not count toward the 12-month probationary period. Probationary periods can be extended upon agreement of the Commonwealth and FOP and will be automatically requested if mandatory training is not completed.
Section 4. The Employer will attempt to discipline officers in such a manner so as not to embarrass the officer before the public or other officers. It must be kept in mind, however, that where insubordination or flouting of authority by an officer in public and or in the presence of other officers takes place, the Employer shall not be restricted by the operation of this Section.
Section 4. The provisions of Section 1 shall not apply during the initial twelve (12) months of probationary employment. 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 officer is using paid leave to supplement workers' compensation shall not count toward the initial twelve
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 officer without just cause. An officer may appeal a disciplinary demotion, suspension, or discharge beginning at the second step of the grievance procedure, within 15 working days of the date of its occurrence, and subject to any conditions set forth in the grievance procedure under Article 27. The FOP shall be notified promptly 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 the action, but will suspend the time period set forth in Step 2 1 of Section 2 of Article 27, 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. The provisions of this Article shall not apply during the initial 12 months of probationary employment. Periods of leave without pay and work-related disability leave shall not count toward the 12-month probationary period. Probationary periods can be extended upon agreement of the Commonwealth and FOP and will be automatically requested if mandatory training is not completed.
Section 4. The Employer will attempt to discipline officers in such a manner so as not to embarrass the officer before the public or other officers. It must be kept in mind, however, that where insubordination or flouting of authority by an officer in public and in the presence of other officers takes place, the Employer shall not be restricted by the operation of this Section.
Section 5. Serious acts of deception will provide a just cause basis for termination of employment, notwithstanding any mitigating factors. A serious act of deception is committed during a criminal, civil, or administrative investigation or proceeding, when an officer is under a specific, official obligation to be truthful, and involves intentional (1) lying; (2) fabrication; (3) misleading acts or words; (4) civil or criminal fraud; or (5) perjury.
Appears in 1 contract
Samples: Collective Bargaining Agreement