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Common use of DISCHARGE OR DISCIPLINE Clause in Contracts

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, The disciplinary procedure for incompetence or misconduct prescribed in this ARTICLE shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. Said employees shall include: a) All permanent competitive class employees and those employees as defined in ARTICLE 26.1 of this agreement. b) An employee shall have the right to choose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human Resources. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that: i) an employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service law; ii) in the event said employee does object, then the employee must file written notice specifying their choice of procedure, subject to the provisions of this ARTICLE, with the employer and the Union no later than the eighth day after receiving such notice of discipline; iii) the disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; iv) the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, section. The disciplinary procedure for incompetence or misconduct prescribed in this ARTICLE article shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. Said employees shall include:. a) All Said employee shall include all permanent competitive class employees and those employees as defined in ARTICLE 26.1 3 of this agreement. b) An employee shall have the right to choose chose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head department head or his/her designee sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human ResourcesPersonnel. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. Disciplinary action imposed by a Division or Department Head will be limited to three (3) months from the date the supervisor became aware of the occurrence. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that:; (i) an An employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight ten days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service lawLaw; (ii) in In the event said employee does object, then the employee he/she must file written notice specifying their of his/her choice of procedure, subject to the provisions of this ARTICLEArticle, with the employer and the Union no later than the eighth end of business on the tenth day after receiving such notice of discipline; (iii) the The disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; (iv) the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days. d) An employee’s suspension shall commence upon issuance of charges.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, The disciplinary procedure for incompetence or misconduct prescribed in this ARTICLE shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. Said employees shall include: a) All all permanent competitive class employees and those employees as defined in ARTICLE 26.1 26.l of this agreement. b) An employee shall have the right to choose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head department head sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human ResourcesPersonnel. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that: i) i. an employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service law; ii) . in the event said employee does object, then the employee he/she must file written notice specifying their of his/her choice of procedure, subject to the provisions of this ARTICLE, with the employer and the Union no later than the eighth day after receiving such notice of discipline; iii) . the disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; iv) . the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, section. The disciplinary procedure for incompetence or misconduct prescribed in this ARTICLE article shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. Said employees shall include:. a) All Said employee shall include all permanent competitive class employees and those employees as defined in ARTICLE 26.1 Section 3 of this agreement. b) An employee shall have the right to choose chose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head department head or his/her designee sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human ResourcesPersonnel. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. Disciplinary action imposed by a Division or Department Head will be limited to three (3) months from the date the supervisor became aware of the occurrence. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that:; (i) an employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight ten days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service lawLaw; (ii) in the event said employee does object, then the employee he/she must file written notice specifying their of his/her choice of procedure, subject to the provisions of this ARTICLEsection, with the employer and the Union no later than the eighth end of business on the tenth day after receiving such notice of discipline; (iii) the disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; (iv) the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days. d) An employee’s suspension shall commence upon issuance of charges.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, section. The disciplinary procedure for incompetence or misconduct prescribed in this ARTICLE article shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. Said employees shall include:. a) All Said employee shall include all permanent competitive class employees and those employees as defined in ARTICLE 26.1 3 of this agreement. b) An employee shall have the right to choose chose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human Resources. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. Disciplinary action imposed by a Department Head will be limited to twelve (12) months from the date the Department Head became aware of the occurrence. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that: (i) an An employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight ten days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service lawLaw; (ii) in In the event said employee does object, then the employee he/she must file written notice specifying of their choice of procedure, subject to the provisions of this ARTICLEArticle, with the employer and the Union no later than the eighth end of business on the tenth day after receiving such notice of discipline; (iii) the The disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; (iv) the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days. d) An employee’s suspension shall commence upon issuance of charges.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, section. The disciplinary procedure for incompetence or misconduct prescribed in this ARTICLE article shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. Said employees shall include:. a) All Said employee shall include all permanent competitive class employees and those employees as defined in ARTICLE 26.1 3 of this agreement. b) An employee shall have the right to choose chose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head department head or his/her designee sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human ResourcesPersonnel. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. Disciplinary action imposed by a Division or Department Head will be limited to three (3) months from the date the supervisor became aware of the occurrence. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that:; (i) an An employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight ten days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service lawLaw; (ii) in In the event said employee does object, then the employee he/she must file written notice specifying their of his/her choice of procedure, subject to the provisions of this ARTICLEArticle, with the employer and the Union no later than the eighth end of business on the tenth day after receiving such notice of discipline; (iii) the disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; (iv) the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days. d) An employee’s suspension shall commence upon issuance of charges.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, section. The disciplinary procedure for incompetence incompetency or misconduct prescribed in this ARTICLE section shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. . a) Said employees shall include: a) All include all permanent competitive class employees and those employees as defined in ARTICLE Section 26.1 of this agreement. b) An employee shall have the right to choose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head department head sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human ResourcesPersonnel. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that: (i) an employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service lawLaw; (ii) in the event said employee does object, then the employee he/she must file written notice specifying their of his/her choice of procedure, subject to the provisions of this ARTICLEsection, with the employer and the Union no later than the eighth day after receiving such notice of discipline; (iii) the disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; (iv) the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCHARGE OR DISCIPLINE. 1. No employee covered under Section 75 of the New York State Civil Service Law shall be discharged, dismissed, or disciplined except for just cause. Should there be any dispute between the employer and any employee concerning the existence of good and sufficient cause of discharge or discipline, such dispute shall be adjusted in accordance with the terms of this ARTICLE, The disciplinary procedure for incompetence or misconduct prescribed in this ARTICLE shall be available to appropriate County employees as an alternative to the procedure described in Section 75 and/or Section 76 of the New York State Civil Service Law. Said employees shall include: a) All permanent competitive class employees and those employees as defined in ARTICLE 26.1 25.1 of this agreement. b) An employee shall have the right to choose either but not both alternative procedures to grieve such disciplinary action. 2. In the event that a Department Head sees fit to impose disciplinary action on an employee, a notice of such disciplinary decision shall be made in writing and served on the employee and the Commissioner of Human Resources. The specific act(s) alleged that warrant disciplinary action and the proposed sanction(s) shall be specified in the note of discipline. a) The Union shall be advised by registered or certified mail that said notice of discipline has been served on an employee, within 48 hours of service; b) Said notice of discipline shall be accompanied by a written statement that: i) an employee served with a notice of discipline has the right to object by filing for a disciplinary hearing within eight days or by exercising his rights under Section 75 and/or 76 of the New York State Civil Service law; ii) in the event said employee does object, then the employee must file written notice specifying their choice of procedure, subject to the provisions of this ARTICLE, with the employer and the Union no later than the eighth day after receiving such notice of discipline; iii) the disciplinary grievance procedure provides for a hearing by an independent arbitrator at its final stage; iv) the employee has the right to be represented by the Union, or by an attorney, at every stage of the proceeding. c) An employee who has been served with a notice of discipline may be suspended without pay for a period not to exceed thirty (30) days.

Appears in 1 contract

Samples: Collective Bargaining Agreement