Disciplinary Charges Clause Samples

The Disciplinary Charges clause outlines the procedures and grounds for initiating formal disciplinary action against an individual or entity subject to the agreement. Typically, this clause specifies the types of conduct that may trigger charges, the process for investigating alleged violations, and the rights of the accused during the proceedings, such as notice and an opportunity to respond. Its core function is to ensure a fair and transparent process for addressing misconduct, thereby maintaining order and accountability within the organization or contractual relationship.
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Disciplinary Charges. Following an investigation, if it is necessary in the judgment of the Center to charge an individual employee with incompetency or misconduct, the Center Director or his or her designee shall furnish the employee with a written statement of the charges, specifications, and possible penalties. An informational copy of the statement of charges shall be sent to the Union. The statement of charges shall be hand-delivered or sent by certified mail, return receipt requested, and by regular mail to the employee’s last address on file at the Center. The statement of charges shall indicate the date, time, and place, within ten (10) days, for a first step hearing at the Center, and the employee’s right to representation at such hearing. A. First Step The Center Director, or such person as the Director may designate as the hearing officer, shall conduct a hearing on the charges and shall issue a written decision with regard to the charges within ten (10) working days of the hearing, and shall state the disciplinary penalty, if any. The Center may implement a penalty other than termination immediately. The decision shall inform the employee that he or she may appeal a decision with any of the following penalties to the President of the College which administers the Center for a Step II hearing within ten (10) days of the receipt of the Step I decision. Unreturned mail shall be presumed to have been received on the date following transmittal. In the event an appeal is not filed within the time limit prescribed, the Step I decision shall be deemed to have been accepted, and no issue stemming from or relating to the disciplinary action shall be subject to any further appeal. A Step I decision to terminate employment shall be effective upon failure to appeal to Step II. The penalties which may be appealed to Step II are:  fine in excess of one hundred dollars ($100)  suspension without pay for more than two (2) days, or  termination of employment. B. Second Step A Step II hearing shall be scheduled within fifteen (15) working days of receipt of a request for a hearing by the President or the President’s designee. A written decision shall be delivered to the Union and the employee within fifteen (15) working days from the conclusion of the Step II hearing. The Step II decision shall inform the employee that he or she may appeal the decision with either of the following penalties to the Chancellor’s Designee for a Step III hearing, within ten (10) days of the receipt of ...
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Disciplinary Charges. Following an investigation, if it is necessary in the judgment of the Center to charge an individual employee with incompetency or misconduct, the Center Director or his or her designee shall furnish the employee with a written statement of the charges, specifications, and possible penalties. An informational copy of the statement of charges shall be sent to the Union. The statement of charges shall be hand-delivered or sent by certified mail, return receipt requested, and by regular mail to the employee’s last address on file at the Center. The statement of charges shall indicate the date, time, and place, within ten (10) days, for a first step hearing at the Center, and the employee’s right to representation at such hearing. A. First Step B. Second Step C. Third Step
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Disciplinary Charges. Following an investigation, if it is necessary in the judgment of the College to charge an individual employee with incompetency or misconduct, the college official vested with such responsibility shall furnish the employee with a written statement of the charges, specifications and possible penalties. An informational copy shall also be sent to the Union. The statement shall be hand-delivered to the employee or sent by "Certified Mail -- Return Receipt Requested" to the employee's last address on file at the College. The statement shall indicate the date, time and place, within ten days, for the first step hearing at the College. The statement shall also indicate the employee's right to representation at such hearing. A. First Step B. Second Step C. Third Step (Arbitration)
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Disciplinary Charges. The Employee shall be informed of the nature of the investigation prior to questioning. Any time an investigation concerning an Employee occurs wherein disciplinary action of record (suspension, reduction, or removal) will or may result, the Employee will be notified when he or she is first questioned that such result is possible.
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Disciplinary Charges. An Officer is not obligated to answer questions after disciplinary charges have been placed against the Officer either formally or informally.
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Disciplinary Charges. All disciplinary records shall be removed/expunged within three
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Disciplinary Charges. The Management shall immediately submit written allegation/s to the employee in writing with a directive to forward his/her response within 7 days. The allegations must be specific and put to the alleged perpetrator in a manner in which he/she can understand. The employee being investigated must forward his response within 14 days, failing which he/she shall be deemed to have admitted the allegations.
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Related to Disciplinary Charges

  • Disciplinary Process 29.8.1 A decision of an employee’s appropriate supervisor to forward an allegation of misconduct to the Director or designee shall result in the appropriate supervisor not having further decision making involvement into such investigation although the supervisor may make a recommendation as to the appropriate discipline to be administered. 29.8.2 Upon completion of the investigation, the completed investigatory file shall be sent to an impartial supervisor along with a recommendation as to whether the allegations appear to be founded or unfounded. This supervisor shall be unconnected to the investigation, outside of the bargaining unit, and not a witness, investigator for Internal Affairs, or complainant. The supervisor shall normally be the Troop or Division Commander, or his/her designee, of the employee whose conduct is under investigation. If the recommendation is that the case is founded, the supervisor will schedule a disciplinary conference and forward a recommendation to the Agency Director. 29.8.3 The current personnel file of the affected bargaining unit member shall accompany any Internal Affairs file or investigatory file forwarded to the Agency Director to be used as mitigating evidence, and in order for the Agency Director to give due consideration to progressive discipline principles. Before making a decision to place an employee on investigatory suspension without pay, the employee shall be given an opportunity to meet with the Superintendent or his/her designee to present information bearing on the propriety of a suspension without pay. The employee may elect to waive this opportunity. 29.8.4 A disciplinary conference shall be conducted between the employee and the agency director prior to the imposition of the disciplinary action if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 29.1.1 (suspension and more serious). The employee shall have three (3) working days’ notice of such meeting. The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice or legal counsel. The employee shall be afforded an opportunity in such conference to present mitigating circumstances to the Agency Director or designee. The conference can be conducted either telephonically or in person by the Colonel, or if he/she is unavailable, the Lieutenant Colonel. Any discipline ordered or imposed shall be administered to the employee by the Troop or Division Commander or his/her designee. 29.8.5 The Internal Affairs investigation shall be conducted and submitted to the Agency Director. The final decision on the matter will be given to the affected employee within a total of seventy (70) calendar days of receipt of the complaint at State Headquarters, or within seventy (70) calendar days of the initiation of the investigation when the investigation was on hold awaiting the results of a criminal investigation. EXCEPTIONS - Both parties recognize that the complexity and seriousness of allegations require a complete, thorough, and impartial investigation. In order to accomplish this, protect the employee's and the organization's interests, exceptions to the time limits may be necessary. Should an extension be required, the following steps shall be taken: 1. Internal Affairs (or appropriate investigating officer) will request an extension in writing to the Director specifying the reasons. 2. The employee shall receive a copy of such request for extension. 3. The employee shall receive a copy of the approved extension. 29.8.6 No materials or reports involving an allegation shall be entered into any official personnel file nor shall that allegation be used to enhance discipline of the member where the investigation has exonerated the member and/or the allegations were determined to be unfounded or not sustained.

  • Disciplinary Procedure 20.01 All employees shall have the following rights: A. An employee shall be entitled to only Union representation at each step of the disciplinary procedure. B. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of the exercise of his rights under this procedure. 20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment shall be terminated. 20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president and ▇▇▇▇▇▇▇. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident that the Employer intends to impose discipline that may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting in a suspension or discharge shall be issued within sixty (60) days after the Employer has knowledge of the incident resulting in the proposed disciplinary action. 20.04 Before any discipline is imposed, the employee and his/her union representative shall be entitled to a pre-disciplinary hearing before the employee's department head. If after this hearing the department head decides to impose a penalty that does not involve a suspension, demotion, or removal from service, the department head may impose the penalty, and the employee may grieve it. Where the department head seeks as a penalty the imposition of a suspension without pay, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline shall be made in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy to the local union president and ▇▇▇▇▇▇▇. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 of the grievance procedure. 20.05 The Union on behalf of all the employees covered by this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commission. 20.06 Discipline shall not be implemented until either: 1. the matter is settled, or 2. the employee fails to file a grievance within the time frame provided by this procedure, or 3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitrator, or 4. the penalty may be imposed after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitration.

  • Disciplinary Grievances If the grievance is not resolved at Step 2, the Union may file a request for mediation with the Public Employment Relations Commission (PERC) in accordance with WAC ▇▇▇-▇▇-▇▇▇, with a copy to the Office of Financial Management/SHR/Labor Relations Section (OFM/SHR/LRS) and the Human Resources Office within fifteen (15) days of receipt of the Step 2 decision. In addition to all other filing requirements, the request must include a copy of the grievance and all previous responses.

  • Disciplinary Procedures The employing authority should ensure that all employees are aware of the disciplinary rules and procedures that apply. All employees should also be aware to whom they can apply if they are dissatisfied with any disciplinary decision. These procedures should accord with legal requirements and with the ACAS Code of Practice and guidance.