Disciplinary and Adverse Action Sample Clauses

Disciplinary and Adverse Action. ‌ 10.1. For the purpose of this Article an employee means a bargaining unit employee. 10.2. A disciplinary action, for the purpose of this Article only, is defined as an oral admonishment confirmed in writing on the AF Form 971, a written reprimand, or a suspension for 14 days or less. 10.3. An adverse action is defined as suspension of more than 14 days up to removal, reduction in grade, reduction in pay, and furlough of 30 days or less. An employee has the right to decide whether to pursue the negotiated grievance procedure or MSPB, but not both. Probationary employees must use MSPB. Rights under MSPB for probationary employees are limited. 10.4. In any interview regarding potential disciplinary action or any formal meeting to issue a proposed discipline letter, Management has an obligation to notify the employee that he has a right to request union representation. Management will give the employee 2 hour notice of the meeting. The employee may request the meeting be delayed for a reasonable amount of time to allow for the availability of the union. 10.5. The Employer will notify employees and the Union of any pending adverse actions (only for disciplinary actions) against bargaining unit employees. However, it is the responsibility of the employee to release to the Union the specific circumstances of the action if the employee desires. 10.5.1. No bargaining unit employee will be the subject of any disciplinary action for misconduct except for just and sufficient cause and reasons that will promote the efficiency of the service. 10.5.2. It is recognized that the Xxxxxxx factors (5 MSPB 313) are relevant for consideration in determining the appropriateness of a disciplinary penalty of a reprimand or greater. 10.5.3. Employees have the right to a thorough, timely and relevant investigation, inputs at all stages, and representation in the course of disciplinary and adverse actions before the final action is taken. 10.6. When management proposes to suspend or remove an employee from federal service, the following procedures will apply: 10.6.1. Management will provide the employee with 15 calendar days to respond to management’s written notice of a proposed action, except in cases of emergency suspensions related to the crime provision. 10.6.2. The notice must state reasons for the proposed action, specifically and in detail, in order to allow the employee to respond, and must clearly state the employee's right to make a response to the proposed action and hi...
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Disciplinary and Adverse Action 
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Related to Disciplinary and Adverse Action

  • Disciplinary Actions Disciplinary Actions and Appeals shall be governed by SP&P, TSHRS regulations and TSHRS Disciplinary Action Policy 7G.l.

  • Disciplinary Action (A) An employee who has attained permanent status in his current position may be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access to the grievance procedure in Article 6 when disciplined. (C) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

  • No Adverse Actions There are no actions, suits, investigations or proceedings pending, threatened against or affecting the Company which: (i) seek to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement or (ii) question the validity or legality of any transactions or seeks to recover damages or to obtain other relief in connection with any transactions.

  • Adverse Action The Indenture Trustee need not take an action that it determines might have a material adverse effect on the rights of the Noteholders not consenting to the action.

  • Disciplinary Matters 2.6.1 Prior to the imposition of any disciplinary penalty, the Company shall hold a Disciplinary Interview, which shall replace Step 1 of the grievance process. 2.6.2 The Company shall provide the Union and any employees who may be disciplined three (3) days’ notice of the Interview. 2.6.3 The Interview shall take place between the Company, the Union and the accused individual. 2.6.4 The Company shall set out its allegations and except where the allegations could constitute a criminal offence, the Union or the individual(s) shall set out their version of the events. Minutes, but not a transcript, of the Interview setting out the substance of the discussion shall be taken. 2.6.5 The minutes of the meeting shall be provided to the Union and the accused individual(s) within seven (7) days of the Interview. 2.6.6 The Union and the accused individual(s) shall forward a written reply to the minutes, if any, within seven (7) days of receipt of the minutes. 2.6.7 Should the Company choose to impose discipline, the Union has ten (10) days to file a grievance commencing at Step 2. 2.6.8 Nothing in the disciplinary interview process is intended to interfere with the Company’s right to investigate matters.

  • Causes for Disciplinary Action For purposes of this article, disciplinary action shall mean an unpaid suspension not to exceed thirty

  • No Disciplinary Action No Employee shall be discharged, penalized, disciplined or threatened for acting in compliance with the OHSA, its regulations and codes of practice and environmental laws, regulations or codes of practice, nor shall an Employee acting in compliance be intimidated or coerced.

  • Adverse Actions Take any action or fail to take any action that is intended or is reasonably likely to result in (i) any of its representations and warranties set forth in this Agreement being or becoming untrue in any material respect at any time at or prior to the Effective Time, (ii) any of the conditions to the Merger set forth in Article VI not being satisfied or (iii) a material violation of any provision of this Agreement, except, in each case, as may be required by applicable law or regulation.

  • Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.

  • No Adverse Litigation There shall not be pending or threatened any action or proceeding by or before any court or other governmental body which shall seek to restrain, prohibit, invalidate or collect damages arising out of the transactions contemplated hereby, and which, in the judgment of Purchaser, makes it inadvisable to proceed with the transactions contemplated hereby.

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