DISCIPLINARY AND ADVERSE ACTIONS. A. When the Union is designated as the representative in a disciplinary or adverse action, the employee will furnish to the Agency written designation and authorization on Appendix VII. The designation and authorization form will serve to release to the representative the information and documents which, as provided in this Article and relating to the disciplinary or adverse action, the employee is entitled to receive. Information and documents which are not releasable will not be used in taking a disciplinary or adverse action. The designation and authorization will include the name and address of the representative where the Agency will promptly provide the material and copies of all correspondence addressed to the employee. If time and distance are factors in the designation and authorization, it may be furnished to the local supervisor in writing and that supervisor may attest to its authenticity by telephone to the releasing official.
B. When the Union is not designated as the representative in a disciplinary or adverse action, the Union will be furnished with sanitized copies of the notice of proposed action, final actions taken, and decisions on any subsequent appeals (except that published decisions of adjudicating bodies need not be sanitized). Sanitized copies are copies from which all identifying information (for example, name and social security number) has been removed. Copies furnished shall identify the issuing Sector, but information identifying lower organizational levels will be deleted. The Union agrees to provide the Agency with a list of representatives designated to receive such notices.
C. The disciplinary actions covered by the provisions of this Article are written reprimands, suspensions of fourteen (14) calendar days or less, and disciplinary transfers. Any dispute concerning the disciplinary nature of an action involving relocation of an employee may be referred as a threshold issue in an arbitration under Article 34 (Arbitration).
D. An employee against whom a disciplinary action is proposed is entitled to:
1. an advance written notice stating the specific reasons for the proposed action;
2. a ten-day response period, extended for good cause, to answer the notice orally and/or in writing, and to furnish affidavits and other documentary evidence in support of the answer; if an oral reply is made, the employee and representative will normally be present; however an employee may be represented by the representative alone for valid...
DISCIPLINARY AND ADVERSE ACTIONS. Section 14.1 All disciplinary and adverse actions will be administered in accordance with applicable regulations. Disciplinary and adverse actions are taken against employees for such cause as will promote the efficiency of the service. When it is determined by the Employer that disciplinary or adverse action is warranted, the employee will be informed of the reasons which caused the action to be taken. Such actions will be initiated in a timely manner.
Section 14.2 The Employer will provide to the employee, in duplicate, written notification of any adverse action, including rights to appeal or grieve, as appropriate, and the right to Union representation. The employee may furnish a written copy to the Union.
Section 14.3 If requested by the employee, the Union shall be given the opportunity to be represented at a discussion between the employer and an employee regarding an adverse action or a disciplinary action. This section applies both in the case of a proposed action and a decision to effect such action.
Section 14.4 This article does not apply to the termination of an employee serving a probationary period or an employee in a competitive position under a temporary appointment.
Section 14.5 The Employer will provide each new employee with a copy of the U.S. Department of Energy Standards of Conduct. Employees are responsible for reviewing and being familiar with the contents of the Standards of Conduct.
DISCIPLINARY AND ADVERSE ACTIONS. Section a. The provisions of this article apply to disciplinary and adverse actions which will be taken only for just and sufficient cause and to promote the efficiency of the service, and nexus will apply.
1. in exceptional circumstances, the President, Council of Prison Locals, may immediately request that the appropriate Regional Director or designated official consider a stay of a removal or suspension in excess of fourteen (14) days until a decision is rendered by an arbitrator under Article 32, or an initial decision of the Merit Systems Protection Board is issued. Such requests must be made prior to the effective date of the contested action. Stay of actions will not apply to:
a. probationary actions; or
b. actions taken under 5 USC 7513, where there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed.
Section b. Disciplinary actions are defined as written reprimands or suspensions of fourteen (14) days or less.
Section c. The parties endorse the concept of progressive discipline designed primarily to correct and improve employee behavior, except that the parties recognize that there are offenses so egregious as to warrant severe sanctions for the first offense up to and including removal.
Section d. Recognizing that the circumstances and complexities of individual cases will vary, the parties endorse the concept of timely disposition of investigations and disciplinary/adverse actions.
1. when an investigation takes place on an employee’s alleged misconduct, any disciplinary or adverse action a rising from the investigation will not be proposed until the investigation has been completed and reviewed by the Chief Executive Officer or designee; and
2. employees who are the subject of an investigation where no disciplinary or adverse action will be proposed will be notified of this decision within seven (7) working days after the review of the investigation by the Chief Executive Officer or designee. This period of time may be adjusted to account for periods of leave.
Section e. When formal disciplinary or adverse actions are proposed, the proposal letter will inform the affected employee of both the charges and specifications, and rights which accrue under 5 USC or other applicable laws, rules, or regulations.
Section f. Employee representational rights are addressed in Article 6.
Section g. The Employer retains the right to respond to an alleged offense by an employee which may ad...
DISCIPLINARY AND ADVERSE ACTIONS. Both parties agree the Employer has the right and obligation to administer disciplinary action for just and sufficient cause. The agency Guideline of Penalties and Offenses, the gravity of the offense, the influence of the offense on mission operations, working relations and the welfare of other workers, as well as mitigating and aggravating circumstances should be considered when determining penalties.
DISCIPLINARY AND ADVERSE ACTIONS. (Not arising out of or involving a question of professional conduct or competence.)
DISCIPLINARY AND ADVERSE ACTIONS. 18.01 Disciplinary or adverse action will be consistent with applicable laws and regulations governing such actions.
18.02 When a letter of proposed disciplinary or adverse action is presented to an employee, he/she shall have the right to Union representation to answer such proposed action. When an employee is disciplined or when a letter of proposed disciplinary or adverse action is presented to an employee, he/she shall have the right to Union representation. With respect to such proposed actions, no final decision shall be made by the Employer until at least 10 days after the letter of proposal has been delivered to the employee.
18.03 In the event the employee is issued a notice of decision on a disciplinary action or adverse action which is unfavorable to the employee, the employee may seek the assistance of the Union in appealing the disciplinary or adverse action.
DISCIPLINARY AND ADVERSE ACTIONS. A. When the Union is designated as the representative in a disciplinary or adverse action, the employee will furnish to the Service written designation and authorization on Appendix
DISCIPLINARY AND ADVERSE ACTIONS. Section 1. The parties agree that disciplinary and adverse actions will be taken for such cause as will promote the efficiency of the service and will be supported by a preponderance of the evidence. Disciplinary actions will be initiated only after a preliminary investigation or inquiry indicated that such action is proper.
Section 2. Disciplinary and adverse actions will be accomplished on a timely basis.
Section 3. Disciplinary actions, such as, a suspension of an employee for fourteen (14) days or less, letter of reprimand, oral admonishment, or other informal actions are grievable solely through the negotiated grievance procedure.
Section 4. An employee against whom a suspension of fourteen (14) calendar days or less is proposed is entitled to:
A. An advance written notice stating the specific reasons for the proposed action;
B. A reasonable time, not less than seven (7) work days, to answer orally and/or in writing and to furnish affidavits or other documentary evidence in support of his reply;
C. Be represented by the Union; and
D. A written decision and specific reasons therefore at the earliest practicable date.
Section 5. For purposes of this Article, the term "adverse action" applies to:
A. A removal;
B. A suspension for more than fourteen (14) calendar days;
C. A reduction in grade;
D. A reduction in pay; and
E. A furlough of thirty (30) days or less. A furlough is defined as a temporary non-pay status and absence from duty required by the Employer because of a lack of work or funds, or for other non-disciplinary reasons.
Section 6. An employee against whom an adverse action is proposed is entitled to:
A. At least thirty (30) days advance written notice stating the specific reasons for the proposed action, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed or in the event of a furlough due to unforeseeable circumstances as provided for by law;
B. Not less than seven (7) work days to answer orally and/or in writing and to furnish affidavits and other documentary evidence in support of the answer, except such an opportunity to reply is not required for a furlough due to unforeseeable circumstances as provided for by law;
C. A written decision and the specific reasons therefore at the earliest practicable date; and
D. If appeal is made to the Merit Systems Protection Board, the employee may have a representative of his choosing; and notice of appeal rights.
E. Adverse ...
DISCIPLINARY AND ADVERSE ACTIONS. Rural Development Oklahoma employees will continue to be covered by the provisions of FmHA/Rural Development Instruction, 2045-GG, dated February 20, 1991.
DISCIPLINARY AND ADVERSE ACTIONS. 1. For the purposes of this Article, a disciplinary action is a letter of admonishment or reprimand, or a suspension for 14 calendar days or less. An adverse action is a removal, suspension for more than 14 days, furlough without pay for 30 days or less, or involuntary reduction in grade or pay when pay retention is not applicable. It does not include any action directed or subject to the approval of the OPM, a reduction-in-force action, an action based on security determinations, or others actions as prescribed by law.
2. The basic procedures and rights of employees, as outlined in appropriate regulations, shall be observed in handling locally imposed disciplinary and adverse actions. Such actions shall be based on just cause, be consistent with applicable laws and regulations, policy and accepted practice of the Employer, and be fair and equitable. Disciplinary and adverse actions will be timely based upon the circumstances and complexity of each case.
3. In the event disciplinary action is taken, the employee shall be advised that he or she may appeal the decision under the negotiated grievance procedure contained herein and of the time limit on filing the grievance. Normally admonishments will be retained for six (6) months to one (1) year. Normally reprimands will be retained for one (1) to two
