Common use of DISCIPLINARY AND ADVERSE ACTIONS Clause in Contracts

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 adversely affect the Employer’s confidence in the employee or the security or orderly operation of the institution. Section h. When an employee exercises his/her right to orally respond to a proposed disciplinary or adverse action, the reply official will allow ample time for the employee to respond at this meeting. Although the reply official m ay ask follow-up questions, nothing requires the employee to answer such questions during this meeting. Section i. Supervisors are not required to annotate oral counseling sessions in an employee’s performance log. Section j. When disciplinary action is proposed against an employee, the employee will have ten (10) working days to respond orally or in writing.

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 adversely affect the Employer’s confidence in the employee or the security or orderly operation of the institution. Section h. When an employee exercises his/her right to orally respond to a proposed disciplinary or adverse action, the reply official will allow ample time for the employee to respond at this meeting. Although the reply official m ay may ask follow-up questions, nothing requires the employee to answer such questions during this meeting. Section i. Supervisors are not required to annotate oral counseling sessions in an employee’s performance log. Section j. When disciplinary action is proposed against an employee, the employee will have ten (10) working days to respond orally or in writing.

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. Adverse actions are defined as removals, suspensions of more than fourteen (14) days, reductions in grade or pay, or furloughs of thirty (30) 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 's alleged misconduct, any disciplinary or adverse action a rising arising 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. 1. any notice of proposed disciplinary or adverse action will advise the employee of his/her right to receive the material which is relied upon to support the reasons for the action given in the notice. 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 adversely affect the Employer’s 's confidence in the employee or the security or orderly operation of the institution. The Employer may elect to reassign the employee to another job within the institution or remove the employee from the institution pending investigation and resolution of the matter, in accordance with applicable laws, rules, and regulations. Section h. When an employee exercises his/her right to orally respond to a proposed disciplinary or adverse action, the reply official will allow ample time for the employee to respond at this meeting. Although the reply official m ay may ask follow-up questions, nothing requires the employee to answer such questions during this meeting. Section i. Supervisors are not required to annotate oral counseling sessions in an employee’s 's performance log. Section j. When disciplinary action is proposed against an employee, the employee will have ten (10) working days to respond orally or in writing. When adverse action is proposed, he/she will have fifteen (15) working days to respond orally or in writing. Approval or denial of extension requests must be provided within two (2) working days. Section k. Employees making false complaints and\or statements against other staff may be subject to disciplinary action.