Common use of Disciplinary Hearing for Suspension, Reduction In Salary, Demotion or Discharge Clause in Contracts

Disciplinary Hearing for Suspension, Reduction In Salary, Demotion or Discharge. A. In (a) suspending a regular, limited-term regular, or promotional probationary employee for more than forty (40) regularly scheduled hours (if assigned to a forty [40] hour workweek) or two (2) twenty-four (24) hour shifts (if assigned to a fifty-six [56] hour average duty week) or (b) reducing a regular or limited-term regular employee’s salary (either in the form of a reduction in pay or demotion) for reasons of unsatisfactory performance or physical disability or (c) discharging a regular or limited-term regular employee, a written notice of such proposed disciplinary action shall be served on the employee personally, or by certified mail, at least fourteen (14) calendar days prior to the effective date of the proposed action. Such written notice shall contain: 1. A description of the proposed action and its effective date(s) 2. A statement of the reasons for such proposed action, including the acts or omissions on which the proposed action is based 3. Copies of material on which the proposed action is based 4. A statement of the employee's right to respond—either orally or in writing— prior to the effective date of such proposed action 5. A statement of the employee's right to representation 6. A statement of the employee's right to appeal should such proposed action become final B. In suspending a regular, limited-term regular, or promotional probationary employee for forty (40) regularly scheduled hours or less (if assigned to a forty [40] hour workweek) or two (2) twenty-four (24) hour shifts or less (if assigned to a fifty-six [56] hour average duty week), the above notice requirements shall be complied with—if practicable—prior to the effective date of the suspension and, in any event, not more than fourteen (14) calendar days after the effective date of the suspension. C. Prior to the effective date of such suspension of more than forty (40) regularly scheduled hours (if assigned to a forty [40] hour workweek) or two (2) twenty- four (24) hour shifts (if assigned to a fifty-six [56] hour average duty week) or reduction in salary, demotion or discharge, an employee will be given an opportunity to respond—either orally or in writing at the employee's option—to a designated Authority representative, who has the authority to make an effective recommendation on the proposed disciplinary action. D. An employee shall be given reasonable time off without loss of pay to attend a disciplinary hearing. X. An employee may represent himself/herself or may be represented by Local 3631 or by counsel in the disciplinary process. F. An employee and his/her representative shall receive written notice either sustaining, modifying, or canceling a proposed discharge, suspension or reduction not less than forty-eight (48) hours prior to the effective date of such action. G. Should a proposed discharge, reduction in salary, demotion or suspension become final, an employee shall have the right to appeal such action pursuant to Section 3 of this Article.

Disciplinary Hearing for Suspension, Reduction In Salary, Demotion or Discharge. A. In (a) suspending a regular, limited-term regular, or promotional probationary employee for more than forty (40) regularly scheduled hours (if assigned to a forty [40] hour workweek) or two (2) twenty-four (24) hour shifts (if assigned to a fifty-six [56] hour average duty week) or (b) reducing a regular or limited-term regular employee’s salary (either in the form of a reduction in pay or demotion) for reasons of unsatisfactory performance or physical disability or (c) discharging a regular or limited-term regular employee, a written notice of such proposed disciplinary action shall be served on the employee personally, or by certified mail, at least fourteen (14) calendar days prior to the effective date of the proposed action. Such written notice shall contain: 1. A description of the proposed action and its effective date(s) 2. A statement of the reasons for such proposed action, including the acts or omissions on which the proposed action is based 3. Copies of material on which the proposed action is based 4. A statement of the employee's right to respond—either orally or in writing— prior to the effective date of such proposed action 5. A statement of the employee's right to representation 6. A statement of the employee's right to appeal should such proposed action become final B. In suspending a regular, limited-term regular, or promotional probationary employee for forty (40) regularly scheduled hours or less (if assigned to a forty [40] hour workweek) or two (2) twenty-four (24) hour shifts or less (if assigned to a fifty-six [56] hour average duty week), the above notice requirements shall be complied with—if practicable—prior to the effective date of the suspension and, in any event, not more than fourteen (14) calendar days after the effective date of the suspension. C. Prior to the effective date of such suspension of more than forty (40) regularly scheduled hours (if assigned to a forty [40] hour workweek) or two (2) twenty- four (24) hour shifts (if assigned to a fifty-six [56] hour average duty week) or reduction in salary, demotion or discharge, an employee will be given an opportunity to respond—either orally or in writing at the employee's option—to a designated Authority representative, who has the authority to make an effective recommendation on the proposed disciplinary action. D. An employee shall be given reasonable time off without loss of pay to attend a disciplinary hearing. X. An employee may represent himself/herself or may be represented by Local 3631 or by counsel in the disciplinary process. F. An employee and his/her their representative shall receive written notice either sustaining, modifying, or canceling a proposed discharge, suspension suspension, or reduction not less than forty-eight (48) hours prior to the effective date of such action. G. Should a proposed discharge, reduction in salary, demotion or suspension become final, an employee shall have the right to appeal such action pursuant to Section 3 of this Article.