DISCIPLINARY/ADVERSE ACTIONS Clause Samples
DISCIPLINARY/ADVERSE ACTIONS. Section 1. This Article covers actions involving oral and written admonishments, written reprimands, suspensions, removals, reductions- in-grade or pay, or furloughs of thirty (30) days or less for reasons other than a lapse in Congressional appropriations. Involuntary reassignments will only be made to promote the efficiency of the service, and will not be made to discriminate or punish, or for any reason that would violate law, rule, regulation, or this Agreement. This Article does not apply to the removal of probationers.
Section 2. When the Agency decides that corrective action is necessary, consideration should be given to the application of measures which, while not disciplinary, will instruct the offending employee and/or remedy the problem.When it is determined that discipline is appropriate, informal disciplinary measures should be considered before taking a more severe action. However, it is not necessary to have taken an informal disciplinary measure before administering a formal measure.
Section 3. Unless otherwise specified in this Agreement, disciplinary/ adverse actions taken against an employee, whether conduct or performance based, will be in accordance with FAA Personnel Management System, Chapter III, Paragraph 3 dated March 28, 1996. All actions under this Article will be taken only for such cause as will promote the efficiency of the service regardless of whether they are based on conduct or performance. Any action taken by the Agency shall be supported by a preponderance of the evidence.
Section 4. An employee’s off-duty misconduct shall not result in disciplinary action, unless a nexus can be shown between the employee’s off-duty misconduct and the efficiency of the service. Any proposed action for off- duty misconduct will contain a statement of the nexus between the off-duty misconduct and the efficiency of the service.
Section 5. All facts pertaining to a disciplinary/adverse action shall be developed as promptly as possible. Actions under this Article shall be promptly initiated after all the facts have been made known to the Agency.
Section 6. Except for oral and written admonishments and written reprimands, the following procedures will be used to take disciplinary/ adverse actions:
a. The Agency shall give the employee written notice proposing the action. The notice period shall be at least fifteen (15) days for disciplinary actions and at least thirty (30) days for adverse actions unless there is reasonable cause to believe t...
DISCIPLINARY/ADVERSE ACTIONS. Section 1— Policy
a. Disciplinary actions are written reprimands and suspensions of fourteen (14) days or less. Adverse actions are suspensions of more than fourteen (14) days, reductions-in-grade, reductions-in-pay, reductions in force, or removals. Adverse actions will be taken in accordance with 5 U.S.C. Chapter 75. Bargaining unit employees will be subject to disciplinary or adverse action only for just cause that promotes the efficiency of the service.
b. The primary objective of discipline is to correct and improve employee behavior. Discipline should be preceded by counseling or oral warnings. Counseling and oral warnings are informal in nature. Memoranda of caution or warning (including written admonishments) and letters of counseling are not disciplinary actions under this Article but are used to correct employee performance, conduct, or behavior.
c. Discipline, memoranda of caution or warning, admonishments, and negative counseling will not be conducted publicly or in such a manner as to embarrass the employee.
d. The concept of progressive discipline, which encourages supervisors to use the lowest level of discipline necessary to correct a problem, is designed to correct and improve employee performance, conduct, or behavior, and will guide supervisors in making disciplinary decisions. A common pattern of progressive discipline is written reprimand, short term suspensions of fourteen (14) days or less, and adverse actions. Progressive discipline requires the Agency to consider the relevance and freshness of previous offenses.
e. Any of the steps in the progressive discipline process may be bypassed when the severe nature of the behavior makes a lesser form of discipline inappropriate.
f. Disciplinary and adverse actions will be consistently applied. The Agency will administer disciplinary and adverse action procedures and determine appropriate penalties to all employees in a fair and equitable manner.
g. If the Agency believes that disciplinary or adverse action is necessary, such action will be initiated within a reasonable period of time after an investigation. If the Agency does not take an action within a reasonable amount of time after an investigation is concluded, the employee and or the union may request that the Agency expunge from its system of records all negative materials which were accumulated by the Agency for the matter in question. If the Agency denies the request, it shall provide the reasoning for the denial consistent with la...
DISCIPLINARY/ADVERSE ACTIONS a. The PARTIES agree that the objective of discipline is to correct and improve EMPLOYEE behavior so as to promote efficiency in the workplace. The PARTIES further agree to the concept of progressive discipline, except in cases egregious or notorious misconduct, and that disciplinary/adverse action shall only be taken for just cause. The PARTIES also agree that for discipline to be effective it must be timely.
b. Disciplinary action is defined as a Suspension for 14 days or less, or a Letter of Reprimand. Adverse Action is defined as Separation, Suspension for more than 14 days, Reduction in Grade or Pay, and Furlough for 30 days or less. The deciding official shall review the ▇▇▇▇▇▇▇ Factors when contemplating adverse actions.
c. A unit employee, against whom discipline greater than a Letter of Reprimand is pending, shall: (1). be provided a written notice stating the specific reasons for the proposed action.
DISCIPLINARY/ADVERSE ACTIONS. SECTION 1: Disciplinary and Adverse Actions include written reprimands, suspensions, reduction in grade or pay, furlough of 30 calendar days or less, and removals. No EMPLOYEE may be disciplined except for such reasons as will promote the efficiency of the Federal service as provided in 5 U.S.C. Chapter 75. Disciplinary actions under 5 U.S.C. 7503 and 7513 must not be arbitrary or capricious; the penalty selected must not be clearly excessive in relation to the offense and to prior practice.
1. EMPLOYEES who will be suspended from duty without pay, demoted, furloughed or removed from the Federal Service under the provision of 5 U.S.C. Chapter 75 and who are subject to the provisions of that chapter will be given notice of the proposed action. The EMPLOYEE, at his option, may provide an oral or written reply or both.
2. EMPLOYEES who receive notices of proposed suspensions for 14 calendar days or less will be allowed 14 calendar days to provide their response(s).
3. EMPLOYEES who receive notices of proposed removal, suspension for more than 14 calendar days, demotion, or furlough of 30 calendar days or less will be allowed 21 calendar days to provide their response unless the exceptions in paragraph 4 below apply.
4. These time limits do not apply in cases in which the “crime provision” applies [5 CFR 752.404 (d) (1)] or in emergency furlough situations [5 CFR 752.404 (d) (2)].
SECTION 3: The EMPLOYEE may be accompanied at the reply by a representative Of their choice, provided the representative consents to representing the EMPLOYEE and there is no conflict of interest. Grievance or appeal rights of the EMPLOYEE will be included in the notice of decision. The EMPLOYEE will be issued one copy of the letter of the disciplinary correspondence. The EMPLOYER will furnish the UNION with copies of the disciplinary actions taken with the name of the EMPLOYEE omitted, within 5 calendar days of the action being issued to the EMPLOYEE.
DISCIPLINARY/ADVERSE ACTIONS. SECTION 1. The Bargaining Unit and Employer agree that routine communication, including counseling on conduct issues between supervisors and employees, is essential to the development of respectful working relationships and accountable conduct. We agree it is in our mutual interest to resolve behavior problems through early identification of the problem to the employee, and to encourage a self-determined resolution whenever possible. We also recognize that a disciplinary/adverse action may be a necessary response to the conduct of a bargaining unit member when that conduct impairs performance, disrupts the working environment, or brings discredit to the organization. We agree the object of any disciplinary or adverse action must be to modify or discourage inappropriate conduct by emphasizing individual accountability. The value of disciplinary/adverse actions, when required, depends on developing an understanding and appreciation by the employee of the need to modify the problem behavior.
SECTION 2. An employee who is the subject of a proposed disciplinary or adverse action has the right to representation accorded in Title 5 U.S. Code, Subchapter 7114.
SECTION 3. Disciplinary/Adverse actions will be taken for those offenses committed under technician regulations and the procedures used will follow the guidance as described in NGB 752/NJDMAVA TPR 752.
DISCIPLINARY/ADVERSE ACTIONS