Common use of DISCIPLINARY AND ADVERSE ACTIONS Clause in Contracts

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 medical reasons; 3. upon request, a copy of the material relating to the proposed action, regardless of whether relied upon in the proposed action;

DISCIPLINARY AND ADVERSE ACTIONS. A. When Section 1. Both Parties agree the Union is designated Employer has the right and obligation to administer disciplinary actions for just and sufficient cause. The Army 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 the representative well as mitigating and aggravating circumstances should be considered when determining penalties. Both Parties agree that primary emphasis will be placed on preventing situations requiring disciplinary actions, through effective employee-management relations. Section 2. Disciplinary and adverse actions will be initiated in a timely manner. All disciplinary or adverse actionactions will be processed in accordance with applicable regulations and employees shall be afforded all rights and privileges provided therein. All disciplinary actions must be supported by a preponderance of evidence. Section 3. For the purpose of this Article, 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 term “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 formal 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)informal. 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 Formal disciplinary actions covered by the provisions are defined as a suspension of this Article are written reprimands, suspensions of fourteen (14) 14 calendar days or less, or a letter of reprimand. Informal disciplinary actions include oral admonishments; letters of warning and requirements to correct specific employee deficiencies which do not warrant formal disciplinary transfersactions. Any dispute concerning Summaries of oral admonishment and copies of letters that are not disciplinary in nature will be maintained in 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)supervisor’s file only. Disciplinary actions are grievable through the negotiated grievance procedure. D. Section 4. An employee against whom a suspension of 14 calendar days or less is proposed is entitled to: a. an advance written notice stating the specific reason for the proposed action; b. a reasonable time, not less than 10 calendar 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 actions” applies to: a. a removal; b. a suspension for more than 14 calendar days; c. a reduction in grade; d. a reduction in pay; and e. a furlough of 30 calendar days or less. A furlough is defined as a temporary non-pay status and absence from duty required by the Employer because of 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: 1. an a. at least 30 calendar days advance written notice stating the specific reasons for the proposed action, unless there is a reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed or the action is specifically excluded by OPM regulations; 2. a ten-day response period, extended for good cause, b. not less than 14 calendar days to answer the notice orally and/or in writing, writing and to furnish affidavits and other documentary evidence in support of the answer; if an oral reply unless there is made, a reasonable cause to believe the employee and representative will normally be present; however an employee has committed a crime for which a sentence of imprisonment may be represented imposed or the action is specifically excluded by the representative alone for valid medical reasonsOPM regulations; 3. upon request, c. a copy written decision and the specific reasons therefore at the earliest practicable date; d. a representative of the material relating to the proposed action, regardless of whether relied upon in the proposed action;his choosing; and

DISCIPLINARY AND ADVERSE ACTIONS. A. Section 1. A disciplinary action is an action taken by the Employer to correct an Employee’s conduct. Disciplinary Actions include oral reprimands, written reprimands, suspensions, reassignments, reduction- in-grades and removals. Disciplinary actions against all Employees must be based on just cause, be consistent with applicable laws and regulations, and must be fair and equitable. Section 2. Constructive discipline is preventive in nature. Its objective is development, correction, and rehabilitation of the offending Employee. When constructive discipline is employed, the least stringent penalty capable of producing the desired correction should be used. The Union will encourage all Employees of the unit to abide by all rules, regulations, and this agreement. Punitive discipline will be employed only when necessary, as governed by the appropriate regulations on Employee conduct and discipline. Section 3. The Employee may request Union representation at all examinations by agency representatives, which the Employee believes could lead to disciplinary action against them. If a representative is designated as requested, the meeting will not be held until the Employee’s representative in is present. Section 4. If some type of corrective action is necessary, the Employer will consider the Employee’s federal employment history, provocation, mitigating circumstances, and the seriousness of the offense. The seriousness of the offense for misconduct should be weighed against the standards of conduct for Federal Employees. Section 5. In the event an Employee is presented a written notice of proposed disciplinary or adverse action, the employee Employee will furnish be afforded, and made aware of, their rights to representation. The Employee and their representative will be given the opportunity, on official time, if otherwise in a duty status, to review all evidence to the Agency written designation charges and authorization on Appendix VII. The designation and authorization form will serve reply to release to the representative the information and documents whichthose charges, as provided in this Article and relating to the disciplinary orally 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 no later than eight (8) working days after the notice is received by the Employee. The Employee’s reply may be oral, in support of the answer; if writing, or both. When an oral reply is made, the employee and representative will normally be present; however an employee may be represented principal points of the reply are recorded in a Memorandum of Record (MFR) by the Employer. The MFR will be furnished to the Employee and their representative alone for valid medical reasons; 3. upon request, a copy by the deciding official in advance of the material relating to the proposed action, regardless of whether relied upon in the proposed action;written final decision.

DISCIPLINARY AND ADVERSE ACTIONS. A. When ‌ S ection 1: A “disciplinary action” is defined as a written reprimand or a suspension for 14 calendar days or less. An oral admonishment (counseling) is considered an informal corrective action. a. An “adverse action” is defined as a removal, a demotion (reduction in grade), or as suspension of more than 14 calendar days. b. For purposes of this Article, the Union is designated as term “adverse action” does not apply to the representative separation of an employee serving a probationary, or trial period, under an initial appointment, a suspension or removal taken in the interest of national security, an action taken under RIF procedures, return to the grade formerly held by a supervisor or manager who has not satisfactorily completed his/her supervisory/managerial probationary period, or the reduction in grade or removal of employees based on unacceptable performance. c. Disciplinary or adverse actions will be taken only for just and sufficient cause and in accordance with applicable laws and regulations. d. Contingent upon the circumstances of the individual case and the need to investigate and collect information, disciplinary and adverse actions will be initiated in a reasonable period of time (generally 15 work days) after the supervisor becomes aware of the incident which is the basis for the action. The supervisor will proactively advise the employee that the action is being considered and the general basis of the action. At any investigation initiated by the Employer between an employee and an Agency official, which the employee reasonably believes may result in an adverse or disciplinary or adverse action, a Union representative shall be given the opportunity to be present upon the employee’s request. e. Oral admonishments (counseling) will normally be a matter between the employee and the supervisor. If the employee reasonably believes that the subject of the counseling may eventually result in discipline, the employee will furnish to the Agency written designation and authorization on Appendix VIImay request union representation. The designation supervisor will discuss the matter 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 any necessary corrective action within 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 reasonable time with the employee. If time The incident and distance necessary corrective action will be documented by the supervisor. The employee will be so advised and upon request, provided a copy of the dated documentation. Retention of oral counseling will not exceed 12 months. S ection 2: D isciplinary Actions Procedures. The Parties agree that Letters of Reprimands are factors in the designation and authorization, it may be furnished subject to the local supervisor Negotiated Grievance procedure and such actions do not require opportunities to respond orally and/or in writing and that supervisor may attest to its authenticity by telephone writing. Any facts or supportive documents used in determining the need for issuance of the Letter of Reprimand shall be made available to the releasing official. B. employee and/or the union upon request. 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 (Employer proposes to suspend an employee 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) 14 calendar days or less, and disciplinary transfers. Any dispute concerning the disciplinary nature of an action involving relocation of an following procedures will be followed: a. The employee may be referred as will receive at least a threshold issue in an arbitration under Article 34 seven (Arbitration)7) calendar-day notice. D. An employee against whom a disciplinary action is proposed is entitled to: 1. an advance written notice stating b. The Notice will state the nature and specific reasons reason(s) for the proposed action;. 2. a ten-day response period, extended for good cause, c. The Employee will receive at least seven (7) calendar days to answer the notice respond 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 medical reasons; 3. upon request, a copy of the material relating writing to the proposed action, regardless of whether action and to any facts or supportive documents which management relied upon on that resulted in the proposed action;. The Employee may provide to the Deciding Official any materials, testimony or documents to be considered prior to rendering a decision. d. The Notice will inform the employee of the right to reply and the right to consult with a member of the servicing Human Resources Office regarding procedural adequacy of the proposed action. e. The Notice will inform the employee of the right to representation.‌‌ f. The Notice will inform the employee that any request for extension of time to reply must be submitted in writing or via electronic communication, prior to the expiration of the time period initially given to reply. g. The Employee and/or the chosen representative will receive a copy of any and all documentation used to support the 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 Agency written designation and authorization on Appendix VIISECTION 1. The designation Parties recognize that the Employer has the right and authorization form obligation to take disciplinary and adverse actions and that those actions will serve be for the purpose of correcting offending Employees and maintaining discipline and morale among the workforce when necessary in accordance with applicable laws, rules and regulations. Disciplinary actions will be taken for such cause as will promote the efficiency of the service. The primary objective of discipline is to release to the representative the information correct an employee’s conduct and/or performance while maintaining high productivity, discipline, and documents whichmorale among employees. When determining appropriate remedies management may consider such factors as seriousness of offense, as provided in this Article and relating to the disciplinary or adverse actionpast discipline, the employee mitigating circumstances, etc. However, there is entitled to receive. Information and documents which are not releasable will not no set criteria that must be used in taking as a basis for 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 SECTION 2. For the Union is not designated as the representative in a disciplinary or adverse actionpurposes of this Agreement, 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 are defined as a suspension of this Article are written reprimands, suspensions of an Employee for fourteen (14) calendar days or less, and disciplinary transfersless or a letter of reprimand. Any dispute concerning Reprimands will be maintained in the disciplinary nature Employee’s Official Personnel Folder (OPF) for a minimum of an action involving relocation of an employee may be referred as a threshold issue in an arbitration under Article 34 1 year but no longer than two (Arbitration)2) years. D. SECTION 3. Prior to conducting preaction investigative discussions/examinations, the supervisor shall advise the employee(s) of the purpose of the discussion. An employee of the unit may request Union representation in accordance with the statute. If the employee reasonably believes that the examination may result in disciplinary action against said employee and the employee requests representation, the discussion shall be temporarily suspended while a representative is being obtained. The representative will be given a reasonable amount of time to attend, normally not less than two (2) hours. It is understood this right to representation does not apply to everyday work-related communications between supervisors and employees, nor to discussions concerning job assignments or performance. SECTION 4. The Employer and Union agree on the importance of the use of progressive discipline. Therefore the Employer agrees to impose the minimum remedy that can reasonably be expected to correct the problem. Disciplinary actions shall be taken in a timely fashion and SECTION 5. An employee against whom a disciplinary action suspension of fourteen (14) days or less is proposed is entitled to: 1. an a. An advance written notice stating the specific reasons for the proposed action; 2. a ten-day response period, extended for good cause, b. A minimum of seven (7) days to answer the notice orally and/or in writing, 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 ; c. Be represented by the Union or other representative alone for valid medical reasonsof the Employee’s choice in accordance with applicable regulations; 3d. The employee and/or representative have a right to review the records upon which the decision was based; e. A written decision which shall include the employee's grievance rights. SECTION 6. upon requestGrievances pertaining to disciplinary actions can only be processed through the negotiated grievance Procedure in accordance with Article 27 of this Agreement. SECTION 7. Upon request by the employee or his/her designated representative, the Employer shall make available a copy of the material relating records upon which the action was based, in order for the employee to make a timely reply. The employee may designate a representative in writing to review the records and assist in preparing the reply. SECTION 8. An Employee against whom an adverse action is taken is entitled to make a timely appeal in accordance with applicable laws, rules, and regulations. SECTION 9. Adverse action may be taken for such cause as will promote the efficiency of the service. Adverse actions include but are not limited to the following actions: a. A removal; b. A suspension of more than 14 days; c. A reduction in grade; d. A reduction in pay; and e. A furlough of 30 days or less. SECTION 10. An employee against whom an adverse action is proposed is entitled to: a. A reasonable amount of time but not less than seven (7) days to reply orally or in writing to the proposed adverse action, regardless ; b. Advance written notice of whether relied upon in the proposed actionaction in accordance with the statute, prior to the action being effected. This notice period may be shortened if there is evidence to support the employee has committed a crime for which a sentence of imprisonment may be imposed, or for other reasons authorized by applicable laws, rules and regulations; c. The right to representation, record review, and a written decision as cited above.

DISCIPLINARY AND ADVERSE ACTIONS. A. When Section 1. The Employer and the Union Council recognize that the public interest requires maintenance of efficient operations through high standards of conduct and impartial enforcement of laws, rules, and regulations; and that discipline is designated a managerial tool intended to correct deficiencies in employee behavior. Disciplinary and adverse actions will be timely and taken against an employee only for just cause as will promote the representative efficiency of the service. Section 2. In keeping with the concept of progressive discipline, actions imposed should be the minimum, in a the judgment of the disciplining official, which can reasonably be expected to correct and improve employee behavior and maintain discipline and morale among employees. All circumstances being the same in an Activity disciplinary or adverse actionaction case, the employee concept of like remedies for like offenses will furnish be applied. This provision shall not prevent the Employer from taking any appropriate action deemed necessary, but shall require a reasonable basis when there is deviation from the concept of progressive discipline. Section 3. Employees have the right 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 request representation in this Article and relating to the disciplinary or adverse action, any examination of the employee is entitled to receive. Information and documents which are not releasable will not be used in taking by a disciplinary or adverse action. The designation and authorization will include the name and address representative of the representative where Employer in connection with an investigation, if the Agency will promptly provide employee reasonably believes that the material and copies of all correspondence addressed to examination may result in disciplinary action against the employee. If The employee may request representation before the meeting or at a later 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 actionaccordance with Xxxxxxxxxx. Once requested, the Employer will stop the meeting and will afford the Local Union will be furnished a reasonable amount of time to speak 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 attend, if the representative alone for valid medical reasons; 3Local Union so chooses, before continuing with the examination. upon requestUpon written request of the employee, a copy of the material relating any written statements made by an employee will be provided to the proposed employee or his or her designated representative. Supervisors, employees, Local Union representatives, and others involved in an investigation will not disclose any information gained through such investigations except in the performance of their official duties and as permitted by law and regulation. Section 4. Disciplinary and adverse actions will be initiated without undue delay after management becomes aware of the investigative facts and circumstances of any offense that warrants such action. If there is to be a delay in making a determination whether or not to take an action, regardless of whether relied upon the concerned employee and his or her representative, if any, will be advised in the proposed action;writing that action is being considered and an estimated date by which such determination will be made.

DISCIPLINARY AND ADVERSE ACTIONS. A. SECTION 1 Disciplinary action for the purpose of this article is defined as a formal written reprimand, letter of caution or a suspension from employment for fourteen (14) calendar days or less. An adverse action for the purpose of this article is defined as a reduction in grade, removal, or suspension for more than fourteen (14) days or a furlough without pay for thirty (30) days or more. The parties agree that the concept of progressive discipline envisions the use of discipline and adverse action as a method of correcting employee conduct rather than as punishment. The effective use of progressive discipline requires timely application of sanctions to deal with the problem. However, the parties also recognize that circumstances may arise where the concept of progressive discipline may not be appropriate (i.e. immediate removal for proven cases of violence, major theft, etc.) or where the timely application of discipline or adverse action may not be possible (such as when an investigation or criminal proceeding must first be completed). In all cases, the employer will afford the employee all procedural and other rights to which the employee is entitled. SECTION 2 A bargaining union employee receiving a notice of proposed disciplinary or adverse action is entitled to self-representation, to union representation, or to other appropriate representation. When the Union is designated as employee chooses to be represented by the union, the representative in a will be entitled to advance notice and to be present at any meeting between the employee and the employer to discuss the disciplinary or adverse action taken against the employee. SECTION 3 When the Employer proposes disciplinary/adverse action, the employee following procedures will furnish to the Agency written designation and authorization on Appendix VII. apply: The designation and authorization form Employer 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, provide 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 at least thirty (30) calendar day’s advance written notice of proposed action, final actions taken, and decisions on any subsequent appeals an adverse action (except that published decisions ten [10] calendar days notice 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 suspension of fourteen (14) calendar days or less, and disciplinary transfers). Any dispute concerning The notice will state 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 adverse action; 2, with sufficient detail to enable the employee to understand the reasons for the action. a ten-day response period, extended for good cause, The employee will be granted eight (8) hours of official time to answer prepare any reply with the notice understanding that an extension of time may be granted. The employee may respond orally and/or in writingwriting within ten (10) calendar days from receipt of the notice, and to may 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 their response. The employee may be represented granted an extension of the reply period, at the discretion of the deciding official, provided that the employee provides demonstrated and valid reasons requiring such an extension. After receipt of the written and/or oral response, or the termination of the notice period, whichever comes first, the Employer will issue a written decision to the employee which shall include a statement of the employee’s appeal rights. All adverse actions and suspensions of fourteen (14) days or less will be based on reasons specified in the advance notice. An employee against whom a disciplinary action is taken under this article is entitled to appeal through the negotiated grievance procedure of this agreement. An employee against whom an adverse action is taken under this article is entitled to appeal through statutory procedures or through the negotiated grievance procedure of this agreement, but not both. SECTION 4 The evidence file on which the notice is based, which includes statements of witnesses, documents and any investigative reports or extracts therefrom, will be assembled and provided to the appellant and their representative in accordance with applicable law, rule, and regulation. Any evidence, which is not disclosed, will not be used by the representative alone for valid medical reasons;Employer to support their reasons in the notice. The Union will be provided with a summary statistical report on the number of disciplinary and adverse actions taken by the Employer. 3SECTION 5 The appellant will be in a duty status during the notice period unless the crime provision is invoked. upon request, a copy When circumstances are such that the retention of the material relating appellant in a duty status may result in damage to the proposed action, regardless of whether relied upon Employers property or may be determined to not be in the proposed action;best interest of the Employer or employees of the Employer, they may be assigned to other duties or placed on administrative leave. SECTION 6 If, upon appeal, the action is not sustained and the Merit Systems Protection Board (MSPB) directs the Employer to reinstate and make whole the appellant, the Employer will comply with the MSPB decision within the time limits set by MSPB.

DISCIPLINARY AND ADVERSE ACTIONS. A. When S ection 1: A “disciplinary action” is defined as a written reprimand or a suspension for 14 calendar days or less. An oral admonishment (counseling) is considered an informal corrective action. a. An “adverse action” is defined as a removal, a demotion (reduction in grade), or as suspension of more than 14 calendar days. b. For purposes of this Article, the Union is designated as term “adverse action” does not apply to the representative separation of an employee serving a probationary, or trial period, under an initial appointment, a suspension or removal taken in the interest of national security, an action taken under RIF procedures, return to the grade formerly held by a supervisor or manager who has not satisfactorily completed his/her supervisory/managerial probationary period, or the reduction in grade or removal of employees based on unacceptable performance. c. Disciplinary or adverse actions will be taken only for just and sufficient cause and in accordance with applicable laws and regulations. d. Contingent upon the circumstances of the individual case and the need to investigate and collect information, disciplinary and adverse actions will be initiated in a reasonable period of time (generally 15 work days) after the supervisor becomes aware of the incident which is the basis for the action. The supervisor will proactively advise the employee that the action is being considered and the general basis of the action. At any investigation initiated by the Employer between an employee and an Agency official, which the employee reasonably believes may result in an adverse or disciplinary or adverse action, a Union representative shall be given the opportunity to be present upon the employee’s request. e. Oral admonishments (counseling) will normally be a matter between the employee and the supervisor. If the employee reasonably believes that the subject of the counseling may eventually result in discipline, the employee will furnish to the Agency written designation and authorization on Appendix VIImay request union representation. The designation supervisor will discuss the matter 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 any necessary corrective action within 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 reasonable time with the employee. If time The incident and distance necessary corrective action will be documented by the supervisor. The employee will be so advised and upon request, provided a copy of the dated documentation. Retention of oral counseling will not exceed 12 months. S ection 2: D isciplinary Actions Procedures. The Parties agree that Letters of Reprimands are factors in the designation and authorization, it may be furnished subject to the local supervisor Negotiated Grievance procedure and such actions do not require opportunities to respond orally and/or in writing and that supervisor may attest to its authenticity by telephone writing. Any facts or supportive documents used in determining the need for issuance of the Letter of Reprimand shall be made available to the releasing official. B. employee and/or the union upon request. 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 (Employer proposes to suspend an employee 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) 14 calendar days or less, and disciplinary transfers. Any dispute concerning the disciplinary nature of an action involving relocation of an following procedures will be followed: a. The employee may be referred as will receive at least a threshold issue in an arbitration under Article 34 seven (Arbitration)7) calendar-day notice. D. An employee against whom a disciplinary action is proposed is entitled to: 1. an advance written notice stating b. The Notice will state the nature and specific reasons reason(s) for the proposed action;. 2. a ten-day response period, extended for good cause, c. The Employee will receive at least seven (7) calendar days to answer the notice respond 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 medical reasons; 3. upon request, a copy of the material relating writing to the proposed action, regardless of whether action and to any facts or supportive documents which management relied upon on that resulted in the proposed action;. The Employee may provide to the Deciding Official any materials, testimony or documents to be considered prior to rendering a decision. d. The Notice will inform the employee of the right to reply and the right to consult with a member of the servicing Human Resources Office regarding procedural adequacy of the proposed action. e. The Notice will inform the employee of the right to representation. f. The Notice will inform the employee that any request for extension of time to reply must be submitted in writing or via electronic communication, prior to the expiration of the time period initially given to reply. g. The Employee and/or the chosen representative will receive a copy of any and all documentation used to support the action.

DISCIPLINARY AND ADVERSE ACTIONS. A. Section 1. Disciplinary or adverse actions will be administered in accordance with appropriate laws and regulations. A disciplinary action is defined as an official written reprimand or suspension of fourteen (14) days or less. An adverse action is defined as a removal, a suspension for more than fourteen (14) days, a reduction in grade, a reduction in pay, or a furlough of thirty (30) days or less.‌ Section 2. When disciplinary or adverse action is proposed, the Employee will be advised in writing as to the details of the offense with which charged, so as to understand the charge and defend against it. The Employee will also be given complete information regarding right to reply prior to issuance of a final decision. Section 3. In accordance with Xxxxxxxxxx during questioning or examination in connection with an investigation by any representative of the Employer, an Employee who reasonably believes that the investigation may result in disciplinary action, has the right to a representative of the Union being present, if the Employee makes such request. This right does not apply to everyday work-related communication between supervisors and Employees, or to discussions relating to job performance. Section 4. When it is designated as determined that an official written reprimand may be required, the Employer shall obtain all available information concerning the alleged misconduct. The appropriate representative of the Employer/supervisor should provide the Employee the opportunity to: a. Insure that all relevant facts are known, b. Afford the Employee the opportunity to explain the basis for their actions, and c. Advise the Employee that disciplinary action is under consideration. If the Employee fails to provide reasonable explanation for misconduct, the representative in of the Employer will provide recommendation on initiating appropriate disciplinary action. Section 5. When a decision is made to effect a disciplinary or adverse action, the employee Employee will furnish be informed of the right to submit a grievance or an appeal. Section 6. An extra copy of all notices of proposed adverse actions against an Employee and all notices of decision will be prepared. This copy will be marked Representative/UNION COPY and furnished to the Agency written designation and authorization on Appendix VIIEmployee. The designation and authorization form will serve It is understood that this in no way obligates the Employee to release give the copy to the representative Union if the information and documents whichEmployee prefers to keep the action confidential. Section 7. Once an Employee has elected Union Representation, 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 further correspondence addressed to generated by 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 Employer 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 noticesUnion. C. The disciplinary actions covered by the provisions of this Article are written reprimandsSection 8. Employees will not engage in, suspensions of fourteen (14) calendar days or lessinvolve coworkers in, 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)private business or profit making endeavors while on official duty time. 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 medical reasons; 3. upon request, a copy of the material relating to the proposed action, regardless of whether relied upon in the proposed action;