Disciplinary Action and Conference. Except as otherwise provided in sections 3B and 4 of this Article, a disciplinary conference shall be held within thirty (30) calendar days of completion of the investigation, and discipline, if any, shall be imposed within thirty (30) calendar days of the disciplinary conference. A. Whenever an employee is to be formally charged with a violation which may lead to discipline, or charges are in the process of being prepared, a Disciplinary Conference shall be scheduled and the employee shall be notified in writing of the claimed violation and disciplinary penalty or possible penalty therefore, and of his/her right to representation at such conference. Nothing shall prevent the Employer from withholding a penalty determination until after the Disciplinary Conference provided herein has been completed. Whenever it is determined that disciplinary action is appropriate, a Disciplinary Conference shall be held with the employee, at which the employee shall be entitled to Union representation. Any pay provided by the employer for attending a Disciplinary Conference shall be governed by Civil Service rules and regulations. The representative must be notified and requested by the employee. However, the Employer must notify the employee of his/her right to such representation. No Disciplinary Conference shall proceed without the presence of a requested Representative. The Representative shall be a local Xxxxxxx or a Union Staff Person so that scheduling of the Disciplinary Conference shall not be delayed. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Except in accordance with Sections 3B and 4 of this Article, an employee shall be promptly scheduled for a Disciplinary Conference. Questions by the employee or representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the Disciplinary Conference which shall become a part of the employee's file. Disciplinary conference proceedings may not be taped or electronically recorded in any other manner unless mutually agreed to by the Employer and the Union representative at the conference. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action, if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee's signature indicates only that the employee has received a copy of the form and shall state that the employee does not necessarily agree with the charges or the proposed disciplinary action. If the employee refuses to sign, the supervisor will write, "Employee refused to sign", and sign his/her own name with the date. A witness signature should be obtained under this circumstance. B. In the case of an employee dismissed for unauthorized absence for three (3) consecutive days or more, or who is physically unavailable, a Disciplinary Conference need not be held; however, notice of disciplinary action shall be given.
Appears in 4 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Disciplinary Action and Conference. Except as otherwise provided in sections 3B and 4 of this Article, a disciplinary conference shall be held within thirty (30) calendar days of completion of the investigation, and discipline, if any, shall be imposed within thirty (30) calendar days of the disciplinary conference.
A. 4.§5.1 Whenever an employee is accused of, or to be formally charged with a violation which may lead to discipline, or charges are in the process of being preparedany rules and policies, a Disciplinary Conference shall be scheduled and within five (5) regularly scheduled working days of the Investigatory meeting (excluding days the employee shall be notified in writing of the claimed violation and disciplinary penalty or possible penalty thereforeis on approved leave). An employee may, and of however, waive his/her right to representation at such conference. Nothing shall prevent the Employer from withholding a penalty determination until after the Disciplinary Conference provided herein has been completed. Whenever it is determined that disciplinary action is appropriate, attend a Disciplinary Conference shall be held with by signing a waiver form after being offered or provided Union representation at the employee, at which the employee shall be entitled to Union representation. Any pay provided by the employer for attending a Disciplinary Conference shall be governed by Civil Service rules and regulationsinvestigatory meeting. The representative must employee will be notified and requested by in writing prior to the employee. However, conference of the Employer must notify the employee of his/her right to such representationclaimed violation. No Disciplinary Conference shall proceed without the presence of a requested Representative. The Representative shall be a local Xxxxxxx or a Union Staff Person so that scheduling of representative unless the employee waives Union representation at the Disciplinary Conference shall not be delayedby signing a waiver form. The employee shall be informed of the nature of the accusations or charges against him/her and the reasons that disciplinary action is intended or contemplated. Except in accordance with Sections 3B and 4 of this Article, an employee shall be promptly scheduled for a Disciplinary Conference. Questions by the employee or representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the a right to make respond to any accusations or charges both orally and in writing before a written response final discipline decision is made.
4.§5.2 The Disciplinary Conference shall be attended by the employee, the appropriate xxxxxxx(s) or their designees to be determined by the Union, and the appropriate University representatives, including the manager and/or supervisor who initiated and/or approved the disciplinary action or their designated representative(s). If further investigation is necessary after the Disciplinary Conference, the Employer shall schedule a subsequent clarification conference and the employee shall have the same rights that apply to the results Disciplinary Conference prior to issuance of any disciplinary action. When there is an alleged Section 1 rule violation, or any alleged violation of any other rule or policy that may result in disciplinary action of suspension up through termination, the Disciplinary Conference shall be attended by the Chief Xxxxxxx (or his/her designee) and another appropriate xxxxxxx.
4.§5.3 Formal notification to the employee of the outcome of the Disciplinary Conference which shall become a part be in writing within five (5) regularly scheduled working days of the employee's fileDisciplinary Action Conference (excluding days the employee is on approved leave). Whenever practicable, notice of the outcome of the Disciplinary conference proceedings may not be taped or electronically recorded in any other manner unless mutually agreed to by the Employer and the Union representative at the conference. The employee Conference shall be given and sign for a personally delivered to the employee. When such personal notice is not practicable, the employee’s copy of the written notice of charges and disciplinary action, if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee's signature indicates only that be sent to the employee has received a by certified mail, return receipt requested.
4.§5.4 A copy of the form and shall state that the employee does not necessarily agree with the charges or the proposed disciplinary action. If the employee refuses to sign, the supervisor will write, "Employee refused to sign", and sign his/her own name with the date. A witness signature should be obtained under this circumstance.
B. In the case of an employee dismissed for unauthorized absence for three (3) consecutive days or more, or who is physically unavailable, a Disciplinary Conference need not be held; however, notice of all disciplinary action shall be givensent to the Union President, Chief Xxxxxxx, Divisional Xxxxxxx, and District Xxxxxxx.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action and Conference. Except as otherwise provided in sections 3B and 4 of this Article, a disciplinary conference shall be held within thirty (30) calendar days of completion of the investigation, and discipline, if any, shall be imposed within thirty (30) calendar days of the disciplinary conference.
A. Whenever an employee is to be formally charged with a violation which may lead to discipline, or charges are in the process of being prepared, a Disciplinary Conference shall be scheduled and the employee shall be notified in writing of the claimed violation and disciplinary penalty or possible penalty therefore, and of his/her right to representation at such conference. Nothing shall prevent the Employer from withholding a penalty determination until after the Disciplinary Conference provided herein has been completed. Whenever it is determined that disciplinary action is appropriate, a Disciplinary Conference shall be held with the employee, at which the employee shall be entitled to Union representation. Any pay provided by the employer for attending a Disciplinary Conference shall be governed by Civil Service rules and regulations. The representative must be notified and requested by the employee. However, the Employer must notify the employee of his/her right to such representation. No Disciplinary Conference shall proceed without the presence of a requested Representative. The Representative shall be a local Xxxxxxx or a Union Staff Person so that scheduling of the Disciplinary Conference shall not be delayed. The employee shall be informed of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Except in accordance with Sections 3B and 4 of this Article, an employee shall be promptly scheduled for a Disciplinary Conference. Questions by the employee or representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the Disciplinary Conference which shall become a part of the employee's file. Disciplinary conference proceedings may not be taped or electronically recorded in any other manner unless mutually agreed to by the Employer and the Union representative at the conference. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action, if determined. Where final disciplinary action has not been determined, the notice shall state that disciplinary action is being contemplated. The employee's signature indicates only that the employee has received a copy of the form and shall state that the employee does not necessarily agree with the charges or the proposed disciplinary action. If the employee refuses to sign, the supervisor will write, "Employee refused to sign", and sign his/her own name with the date. A witness signature should be obtained under this circumstance.
B. In the case of an employee dismissed for unauthorized absence for three (3) consecutive days or more, or who is physically unavailable, a Disciplinary Conference need not be held; however, notice of disciplinary action shall be given.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
Disciplinary Action and Conference. Except as otherwise provided in sections 3B and 4 of this Article, a disciplinary conference shall be held within thirty (30) calendar days of completion of the investigation, and discipline, if any, shall be imposed within thirty (30) calendar days of the disciplinary conference.
A. 1. Whenever an employee is to be formally charged with a violation which may lead to disciplineof any obligation, rule, regulation or policy, or charges are in the process of being prepared, a Disciplinary Conference shall be scheduled and the employee shall be notified in writing prior to the conference of the claimed violation and disciplinary penalty or possible penalty therefore, and of his/her right to representation at such conferencecontemplated. Nothing shall prevent the Employer from withholding a penalty determination until after the Disciplinary Conference provided herein has been completed. Whenever it is determined that disciplinary action is appropriate, a Disciplinary Conference shall be held with the employee, employee at which the employee shall be entitled to Union MSEA representation. Any pay provided The MSEA must be notified by the employer for attending a Disciplinary Conference shall be governed by Civil Service rules and regulations. The representative must be notified and requested by the employee. HoweverIf representation is not desired by the employee, a statement of waiver of representation will be signed by the Employer must notify employee. A copy of the employee of his/her right waiver will be forwarded to such representationthe MSEA Central Office. No Disciplinary Conference shall proceed without the presence of a requested RepresentativeRepresentative or the waiver signed by the employee. The Representative shall be a local Xxxxxxx Xxxxxxx, or a Union an MSEA Staff Person Representative so that scheduling of the Disciplinary Conference shall not be delayed. The employee shall be informed in writing, of the nature of the charges against him/her and the reasons that disciplinary action is intended or contemplated. Except in accordance with Sections 3B C.2. and 4 D. of this Article, an employee shall be promptly scheduled for a Disciplinary Conference. The Employer shall provide one copy of all written documents being used as the basis for determining disciplinary action, at the commencement of the disciplinary conference. Questions by the employee or representative Representative will be fully and accurately answered at such meeting to the extent possible. Response of the employee, including his/her own explanation of an incident if not previously obtained, or mitigating circumstances, shall be received by the Employer. The employee shall have the right to make a written response to the results of the Disciplinary Conference which shall become a part of the employee's file. Disciplinary conference proceedings may not be taped or electronically recorded in any other manner unless mutually agreed to by the Employer and the Union representative at the conference. The employee shall be given and sign for a copy of the written notice of charges and disciplinary action, action if determined. Where final disciplinary action has not been determined, determined the notice shall state that disciplinary action is being contemplated. The employee's signature indicates only that the employee has received a copy of the form and shall state that the employee does not necessarily agree with the charges or the proposed disciplinary Disciplinary action. If the employee refuses to sign, the supervisor will writeif forthcoming, "Employee refused to sign", and sign his/her own name with the date. A witness signature should be obtained under this circumstance.
B. In the case of an employee dismissed for unauthorized absence for three (3) consecutive days or more, or who is physically unavailable, a Disciplinary Conference need not be held; however, notice of disciplinary action shall be given.initiated within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
