Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will: (a) act promptly to impose discipline or corrective action within a reasonable time of the offense; (b) apply discipline or corrective action with a view toward uniformity and consistency; (c) impose a procedure of progressive discipline or progressive corrective action; (d) In misconduct cases, the order of progressive discipline shall be: (1) oral reprimand; (2) written reprimand; (3) suspension without pay; (4) dismissal. (e) In performance cases, the order of progressive corrective action shall be as follows: (1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article); (2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months; (3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation; (4) dismissal. (f) The parties agree that there are appropriate cases that may warrant the State: (1) bypassing progressive discipline or corrective action; (2) applying discipline or corrective action in different degrees; (3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause. (g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article. 2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or two
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement 28.1 Tenure-track, temporary, categorical, emergency, core, and 40-day substitute teachers
28.1.1 Disciplinary action in the form of dismissal shall be in accordance with the appropriate provisions of the Education Code.
28.1.2 Teachers shall not be disciplined without just cause. .
28.1.3 The parties jointly recognize following just cause guidelines shall be recognized:
28.1.3.1 The teacher shall be adequately informed of the deterrent value consequences of his/her conduct.
28.1.3.2 The District’s rules, regulations and policies shall be reasonable and related to the efficient operation of the District.
28.1.3.3 A fair and objective investigation should reveal the necessity for disciplinary action. Accordingly.
28.1.3.4 Rules, orders and penalties should be applied fairly and equitably.
28.1.3.5 Disciplinary action should be appropriate and reasonably related to the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time nature of the offense;.
(b) apply 28.1.4 Progressive discipline or corrective action with shall be utilized except for conduct which is of such a view toward uniformity and consistency;
(c) impose a procedure of nature that progressive discipline normally would not result in corrective conduct.
28.1.4.1 Initially the principal or progressive immediate supervisor shall discuss the teacher’s act(s) or omission(s) prior to issuing a verbal reprimand.
28.1.4.2 If a verbal reprimand does not result in corrective action;conduct, a written reprimand may be issued.
(d) In misconduct cases, the order 28.1.4.3 The elements of progressive discipline shall be:be administered in a timely manner.
28.1.5 Prior to administering any formal discipline subsequent to the oral and/or written reprimands, a teacher shall be provided notice and an opportunity to be heard. Notice shall include a statement of the incident(s) or misconduct which form the basis for disciplinary action and a statement of the discipline to be imposed. Such notice shall be given within five (15) oral reprimand;working days of the decision to administer formal discipline.
(2) written reprimand;
(3) 28.1.6 If suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective pay is recommended as a disciplinary action it shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with preceded by at least two (2) weeks’ notice related written reprimands issued within a reasonable period of time of each other and recommended within a reasonable period of time after the second written reprimand is issued. Exceptions may occur where conduct is of such a nature that written reprimands normally would not result in corrective conduct.
28.1.7 Any initial suspension of a teacher pending a disciplinary hearing shall be with pay.
28.1.8 A teacher may be represented, upon request, at any disciplinary meeting or twohearing.
28.1.9 Prior to suspending a teacher without pay for more than two (2) weeks a hearing shall take place at the Assistant Superintendent level.
28.1.10 Disciplinary actions shall be administered in a fair and equitable manner.
28.1.11 In all cases where discipline is reduced to writing the teacher shall be permitted a reasonable amount of time to consult with his/her representative to receive assistance and advice in preparing a rebuttal or reply.
28.1.12 Grievances filed alleging violation of the above provision regarding discipline less than dismissal may be held at Step 2 of the Grievance Procedure.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State ODG will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the StateODG’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State ODG shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representativeDG, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the DG shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the DG, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever the DG contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hrs. to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within five work days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any subsequent evaluation unless it has been placed in an employee’s official personnel file.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interests of VSEA members.
(a) If the employer tapes an investigative interview of an employee against whom disciplinary action is contemplated:
(1) a duplicate tape will be promptly provided to the interviewee;
(2) the employer tape will be the official transcript;
(3) the interviewee or his/her representative may also tape the proceeding and will promptly provide a duplicate tape to the employer.
(b) If the employer tapes a witness interview or other employee interview where disciplinary action is not contemplated against the interviewee, a duplicate tape will be promptly provided to the interviewee upon request. Paragraphs 7(a)2 and 3 above, will apply here as well.
(c) If the employer does not tape an interview, no other taping will be permitted without the employer’s consent in any instance.
8. The DG may suspend an employee without pay for reasons for a period not to exceed thirty
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e5) In performance cases, the order of progressive corrective action shall be as follows:
(1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;.
(3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4iv) dismissal.
(f6) The parties agree that there are appropriate cases that may warrant the State:
(1i) bypassing progressive discipline or corrective action;
(2ii) applying discipline or corrective action in different degrees;
(3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays:
(a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or,
(b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e5) In performance cases, the order of progressive corrective action shall be as follows:
(1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;.
(3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4iv) dismissal.
(f6) The parties agree that there are appropriate cases that may warrant the State:
(1i) bypassing progressive discipline or corrective action;
(2ii) applying discipline or corrective action in different degrees;
(3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four (4) work days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays:
(a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or,
(b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or wellbeing or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;.
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or two
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement 30.1 Tenure-track, temporary, categorical, emergency, core and 40-day substitute teachers
30.1.1 Disciplinary action in the form of dismissal shall be in accordance with the appropriate provisions of the Education Code.
30.1.2 Teachers shall not be disciplined without just cause. .
30.1.3 The parties jointly recognize following just cause guidelines shall be recognized:
30.1.3.1 The teacher shall be adequately informed of the deterrent value consequences of his/her conduct.
30.1.3.2 The District’s rules, regulations and policies shall be reasonable and related to the efficient operation of the District.
30.1.3.3 A fair and objective investigation should reveal the necessity for disciplinary action. Accordingly.
30.1.3.4 Rules, orders and penalties should be applied fairly and equitably.
30.1.3.5 Disciplinary action should be appropriate and reasonably related to the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time nature of the offense;.
(b) apply 30.1.4 Progressive discipline or corrective action with shall be utilized except for conduct which is of such a view toward uniformity and consistency;
(c) impose a procedure of nature that progressive discipline normally would not result in corrective conduct.
30.1.4.1 Initially the principal or progressive immediate supervisor shall discuss the teacher’s act(s) or omission(s) prior to issuing a verbal reprimand.
30.1.4.2 If a verbal reprimand does not result in corrective action;conduct, a written reprimand may be issued.
(d) In misconduct cases, the order 30.1.4.3 The elements of progressive discipline shall be:be administered in a timely manner.
30.1.5 Prior to administering any formal discipline subsequent to the oral and/or written reprimands, a teacher shall be provided notice and an opportunity to be heard. Notice shall include a statement of the incident(s) or misconduct which form the basis for disciplinary action and a statement of the discipline to be imposed. Such notice shall be given within five (15) oral reprimand;working days of the decision to administer formal discipline.
(2) written reprimand;
(3) 30.1.6 If suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective pay is recommended as a disciplinary action it shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with preceded by at least two (2) weeks’ notice related written reprimands issued within a reasonable period of time of each other and recommended within a reasonable period of time after the second written reprimand is issued. Exceptions may occur where conduct is of such a nature that written reprimands normally would not result in corrective conduct.
30.1.7 Any initial suspension of a teacher pending a disciplinary hearing shall be with pay.
30.1.8 A teacher may be represented, upon request, at any disciplinary meeting or twohearing.
30.1.9 Prior to suspending a teacher without pay for more than two (2) weeks a hearing shall take place at the Assistant Superintendent level.
30.1.10 Disciplinary actions shall be administered in a fair and equitable manner.
30.1.11 In all cases where discipline is reduced to writing the teacher shall be permitted a reasonable amount of time to consult with his/her representative to receive assistance and advice in preparing a rebuttal or reply.
30.1.12 Grievances filed alleging violation of the above provision regarding discipline less than dismissal may be held at Step 2 of the Grievance Procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Action.
1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e5) In performance cases, the order of progressive corrective action shall be as follows:
(1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;.
(3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4iv) dismissal.
(f6) The parties agree that there are appropriate cases that may warrant the State:
(1i) bypassing progressive discipline or corrective action;
(2ii) applying discipline or corrective action in different degrees;
(3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays:
(a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or,
(b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step IV before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hrs. to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any subsequent evaluation unless it has been placed in an employee’s official personnel file.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non- participating observer if in its judgment the ramifications of such meetings are likely to impact on the interests of VSEA members.
(a) If the employer tapes an investigative interview of an employee against whom disciplinary action is contemplated:
(1) a duplicate tape will be promptly provided to the interviewee;
(2) the employer tape will be the official transcript;
(3) the interviewee or his/her representative may also tape the proceeding and will promptly provide a duplicate tape to the employer.
(b) If the employer tapes a witness interview or other employee interview where disciplinary action is not contemplated against the interviewee, a duplicate tape will be promptly provided to the interviewee upon request. Paragraphs 7(a)2 and 3 above, will apply here as well.
(c) If the employer does not tape an interview, no other taping will be permitted without the employer’s consent in any instance.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: a). to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, b). if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Personnel. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. In any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step IV before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or two (2) weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four (4) days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. This does not apply to letters of supervisory feedback under the Performance Evaluation Article.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. The notification requirement shall not apply if management is delivering a sealed letter containing a written reprimand or other written discipline, and management does not discuss the discipline at the time of delivery. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays:
(a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or,
(b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. At the request of the employee or the VSEA, DOC will provide a written explanation of the request for the extension or the progress of the investigation and anticipated date of completion. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. In any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time A representative of the offense;
(b) apply Board may discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with proper cause. Disciplinary action may range from written reprimand through discharge, depending upon the nature of the employee's offense, the circumstances under which and the manner in which it was committed, and the employee's record during the immediately preceding two (2) weeks’ notice years. At the time disciplinary action is taken against an employee, the representative of the Board shall give to the employee and a Union representative a written and signed statement of the nature of the employee's offense, of its date and time, of the penalty assessed, and of the date and time the penalty becomes effective. The Board's representative effecting the disciplinary action shall, as immediately as is practicable thereafter, notify the employee's xxxxxxx or, in the xxxxxxx'x absence, another Union representative, giving the xxxxxxx a copy of the disciplinary action statement. Prior to a disciplinary action being assessed, an employee shall be given an opportunity for a hearing with management. Such hearing shall be attended by the employee and no more than two (2) Union representatives, one (1) of whom should be the employee's local xxxxxxx, if the xxxxxxx is available. If the employee does not wish such a hearing, the employee will be deemed to have accepted the disciplinary action without recourse. An employee who is disciplined by time-off or twodischarge shall, after such action is taken and before leaving the Board's premises, have the right to confer with the xxxxxxx or, in the xxxxxxx'x absence, another Union representative, at such place on the Board's premises (but away from the working or public areas) as the Board's representative may designate. If the matter is not settled during such hearing, it may be entered in Step 1 of the Grievance Procedure, at its written level. If not so entered by the end of the shift of the second (2nd) day following the hearing, the employee shall be deemed to have accepted the discipline without recourse.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent B.4.7.1 The Applicant shall be liable to disciplinary action in respect of the Applicant's conduct, which the Commissioner considers to be misconduct or limited status employee covered a breach of discipline on such grounds as are prescribed by this agreement contract.
B.4.7.2 Without limiting the application of B.4.7.4 of this contract, the Applicant acknowledges that if disciplinary action is taken against the Applicant, the Commissioner may commence proceedings against the Applicant to Show Cause as to why the contract between the Applicant and the State should not be terminated.
B.4.7.3 If, following proceedings to Show Cause, a finding of misconduct or a breach of discipline is made in relation to the Applicant’s conduct, the Commissioner within 7 days after making the finding shall give written notice of the finding to the Applicant, including the discipline imposed on the Applicant and, if appropriate, the finding and the discipline imposed on the Applicant to the Assistant Commissioner, Ethical Standards Command and to the Crime and Corruption Commission.
B.4.7.4 Without limiting the range of sanctions that may be disciplined without just cause. The parties jointly recognize imposed by the deterrent value Commissioner by way of disciplinary action. Accordingly, the State willsuch sanctions may consist of:
(a) act promptly to impose discipline or corrective action within a reasonable time termination of the offensethis contract;
(b) apply discipline suspension or corrective action with a view toward uniformity and consistencystanding down of the Applicant;
(c) impose assigning the Applicant to another CALD Program intake; [The Applicant shall only be assigned to another intake at a procedure of progressive discipline or progressive corrective action;different campus where there is mutual agreement in writing between the Applicant and the Commissioner.]
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, reduction in the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records of feedback are not student allowance paid to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article)Applicant;
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline forfeiture or corrective actiondeferment of a student allowance increase;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms deduction of discipline herein listed shall not preclude a sum equivalent to a fine of 2 penalty units from a student allowance: Provided that the parties from agreeing disciplinary action outlined in paragraph (e) above is only applicable to utilize alternative forms Applicants in receipt of discipline, including demotiona student allowance equivalent to, or combination higher than, that paid to a Constable, Level 1.1.
B.4.7.5 Where the Commissioner imposes any disciplinary sanction under this contract, the Commissioner may suspend the effect of forms of discipline in lieu of suspension or dismissalthe disciplinary sanction subject to the Applicant upon whom the disciplinary sanction is being imposed agreeing, or as within a settlement stipulated time-frame, to complete any of those actions. Nothing the following arrangements:
(a) perform voluntary community service; and/or
(b) undergoing voluntary counseling, treatment and/or to engage in this Agreement shall be construed some other developmental strategies designed to limit correct or rehabilitate; as designated by the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this ArticleCommissioner.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or two
Appears in 1 contract
Samples: Contract of Employment
Disciplinary Action.
1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s employee personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority Stat hority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice weeks or two
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step IV before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hrs. to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file. This does not apply to letters of supervisory feedback under Performance Evaluation Article.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non- participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: a). to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, b). if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Personnel. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. In any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records of feedback are not to be placed in an employee’s Re personnel file except in compliance with the Performance Evaluation Article);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) and/or 1(e) of this Article, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twowo (2) -four
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action.
1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;.
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty-four
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e5) In performance cases, the order of progressive corrective action shall be as follows:
(1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;.
(3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4iv) dismissal.
(f6) The parties agree that there are appropriate cases that may warrant the State:
(1i) bypassing progressive discipline or corrective action;
(2ii) applying discipline or corrective action in different degrees;
(3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two weeks’ notice or two (2) weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without two (2) weeks’ notice or twotwo (2) weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given twenty-four (24) hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays:
(a) to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or,
(b) if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or wellbeing or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Human Resources. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e5) In performance cases, the order of progressive corrective action shall be as follows:
(1i) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2ii) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) 3 to six (6) 6 months;.
(3iii) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4iv) dismissal.
(f6) The parties agree that there are appropriate cases that may warrant the State:
(1i) bypassing progressive discipline or corrective action;
(2ii) applying discipline or corrective action in different degrees;
(3iii) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g7) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee under Section 1(d) section 1,d and/or 1(e) 1,e of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or twotwo weeks’ pay in lieu of notice. Written notice of dismissal must be given to the employee within twenty- four (24) hours of verbal notification. In the written dismissal notice, the appointing authority shall state the reason(s) for dismissal and inform the employee of his or her right to appeal the dismissal at Step III before the State Labor Relations Board within the time limit prescribed by the rules and regulations of the Board.
3. Notwithstanding the provisions of paragraph 2 above, the appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee immediately without 2 weeks’ notice or 2 weeks’ pay in lieu of notice for any of the following reasons:
(a) gross neglect of duty;
(b) gross misconduct;
(c) refusal to obey lawful and reasonable orders given by supervisors;
(d) conviction of a felony;
(e) conduct which places in jeopardy the life or health of a co-worker or of a person under the employee’s care.
4. Whenever an appointing authority contemplates dismissing an employee, the employee will be notified in writing of the reason(s) for such action, and will be given an opportunity to respond either orally or in writing. The employee will normally be given 24 hours to notify the employer whether he or she wishes to respond in writing or to meet in person to discuss the contemplated dismissal. The employee’s response, whether in writing or in a meeting, should be provided to the employer within four days of receipt of written notification of the contemplated dismissal. Deadlines may be extended at the request of either party, however if the extension is requested by the employee, the employee will not be carried on the payroll unless it is charged to appropriate accrued leave balances. At such meeting the employee will be given an opportunity to present points of disagreement with the facts, to identify supporting witnesses or mitigating circumstances, or to offer any other appropriate argument in his or her defense.
5. An employee who is charged with misconduct in collusion with his or her superior shall not be exonerated solely because the superior was found guilty.
6. No written warning or other derogatory material shall be used in any subsequent disciplinary proceeding or merged in any evaluation unless it has been placed in an employee’s official personnel file.
7. Whenever an employee is required, by his or her supervisor or management, to give oral or written statements on an issue involving the employee, which may lead to discipline against the employee, or whenever an employee is called to a meeting with management where discipline is to be imposed on the employee, he or she shall be notified of his or her right to request the presence of a VSEA representative and, upon such request, the VSEA representative shall have the right to accompany the employee to any such meeting. The notification requirement shall not apply to the informal initial inquiry of the employee by his or her supervisor without knowledge or reason to believe that discipline of the employee was a likely possibility. Subject in all cases to the consent of the employee involved, in those cases where VSEA is not representing the employee, the VSEA reserves the right to attend such meetings as a non-participating observer if in its judgment the ramifications of such meetings are likely to impact on the interest of VSEA members.
8. The appointing authority or authorized designee may suspend an employee without pay for reasons for a period not to exceed thirty (30) workdays. Notice of suspension, with specific reasons for the action, shall be in writing or shall be given personally by the appointing authority or designee and confirmed in writing within twenty-four (24) hours. The provisions of this paragraph shall not preclude the settlement of dismissal cases with respect to suspensions in excess of thirty (30) workdays.
9. An appointing authority may relieve employees from duty temporarily with pay for a period of up to thirty (30) workdays: a. to permit the appointing authority to investigate or make inquiries into charges and allegations made by or concerning the employee; or, b. if in the judgment of the appointing authority the employee’s continued presence at work during the period of investigation is detrimental to the best interests of the State, the public, the ability of the office to perform its work in the most efficient manner possible, or well being or morale of persons under the State’s care. The period of temporary relief from duty may be extended by the appointing authority, with the concurrence of the Commissioner of Personnel. Employees temporarily relieved from duty shall be notified in writing within twenty-four (24) hours with specific reasons given as to the nature of the investigation, charges and allegations. Notices of temporary relief from duty with pay shall contain a reference to the right of the employee to request representation by VSEA, or private counsel in any interrogation connected with the investigation or resulting hearing.
10. If any misconduct case involving a suspension or dismissal, should the Vermont Labor Relations Board find just cause for discipline, but determine that the penalty was unreasonable, the Vermont Labor Relations Board shall have the authority to impose a lesser form of discipline.
11. In any case involving dismissal based on performance deficiencies, the Vermont Labor Relations Board shall sustain the State’s action as being for just cause unless the grievant can meet the burden of proving that the State’s action was arbitrary and capricious. It is understood that this paragraph does not bar a grievance alleging that progressive corrective action was bypassed.
12. STATE POLICE LIEUTENANTS
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Action. 1. No permanent or limited status employee covered by this agreement Agreement shall be disciplined without just cause. The parties jointly recognize the deterrent value of disciplinary action. Accordingly, the State will:
(a) act promptly to impose discipline or corrective action within a reasonable time of the offense;
(b) apply discipline or corrective action with a view toward uniformity and consistency;
(c) impose a procedure of progressive discipline or progressive corrective action;
(d) In misconduct cases, the order of progressive discipline shall be:
(1) oral reprimand;
(2) written reprimand;
(3) suspension without pay;
(4) dismissal.
(e) In performance cases, the order of progressive corrective action shall be as follows:
(1) feedback, oral or written; (Records records of feedback are not to be placed in an employee’s personnel file except in compliance with the Performance Evaluation Article.);
(2) written performance evaluation, special or annual, with a specified prescriptive period for remediation specified therein, normally three (3) to six (6) months;.
(3) warning period of thirty (30) days to three (3) months, extendable for a period of up to six (6) months. Placement on warning status may take place during the prescriptive period if performance has not improved since the evaluation;
(4) dismissal.
(f) The parties agree that there are appropriate cases that may warrant the State:
(1) bypassing progressive discipline or corrective action;
(2) applying discipline or corrective action in different degrees;
(3) applying progressive discipline for an aggregate of dissimilar offenses, except that dissimilar offenses shall not necessarily result in automatic progression; as long as it is imposing discipline or corrective action for just cause.
(g) The forms of discipline herein listed shall not preclude the parties from agreeing to utilize alternative forms of discipline, including demotion, or combination of forms of discipline in lieu of suspension or dismissal, or as a settlement to any of those actions. Nothing in this Agreement shall be construed to limit the State’s authority or ability to demote an employee ployee under Section section 1(d) and/or 1(e) of this Articlesection, for just cause resulting from misconduct or performance, but the State shall not be required to do so in any case. The VLRB may not impose demotion under this Article.
2. The appointing authority or authorized representative, after complying with the provisions of paragraph 4 of this Article, may dismiss an employee for just cause with two (2) weeks’ notice or two)
Appears in 1 contract
Samples: Collective Bargaining Agreement
