Common use of Discharge for Disciplinary Reasons Clause in Contracts

Discharge for Disciplinary Reasons. Prior to disciplinary discharge and following the investigation of an employee for alleged misconduct, the following procedure shall be followed: a. The President will first provide written notification to the employee and the Union that discharge is being contemplated. Such notification shall include a summary of the basis for the contemplated action and, when such basis includes findings of violations of policy or procedure, a reference to any such policy or procedure. The statement shall also include a summary of the investigative report, if any, that may have been provided to the President, unless it has already been provided. Such written notification to the employee shall be delivered by hand, by certified mail or by overnight delivery. The copy to the Union may be delivered electronically. b. The employee shall be provided with an opportunity to formally respond to the President’s notification. Except where extraordinary circumstances are present, within seven (7) days of receipt of the notification, the employee may request in writing an in- person meeting and/or submit a written response. If the employee requests an in-person meeting, it shall be held within fifteen (15) days of the written request. c. The employee shall be entitled to have a union representative present at such meeting. The President is free to have another supervisor or manager present at the meeting as well. General Counsel for the Colleges may also be present provided the Union is notified at least forty-eight (48) hours before the meeting. d. Within seven (7) days following such meeting, or within seven (7) days following the employee’s written response, the President shall notify the employee and the Union by letter of the final action taken. e. Upon receipt of the letter indicating what final action was taken, the employee may exercise his or her rights under the grievance procedure.