Common use of Disciplinary Procedure for Job Abandonment Clause in Contracts

Disciplinary Procedure for Job Abandonment. 1. In addition to the established procedures of this Article XXI, as related to absences from work, an employee who is absent without authorization and fails to notify or communicate such absence in the manner prescribed by the EOC Office of Human Resources for a period of ten (10) or more consecutive work days shall be subject to disciplinary action which may result in termination of employment. 2. Such employee shall be brought up on disciplinary charges of job abandonment prior to the imposition of any disciplinary penalty. Upon filing disciplinary charges for job abandonment, the matter will proceed directly to a Step III hearing before the Chancellor’s Designee. 3. Notification of such disciplinary action must be hand delivered to the employee or sent by regular and certified mail to the last address on file in the EOC Office of Human Resources, in accordance with Section 3 of this Article. As is true of all disciplinary hearings, the hearing may be conducted as scheduled even if the employee fails to attend such hearing, provided that the required procedures have been followed to notify said employee of the scheduled date, time and location of the Step III hearing. 4. In the event the employee fails to appear at the Step III hearing, the decision rendered at Step III shall be final and binding and will not be subject to any further appeal, except for the limitations set forth below. The Hearing Officer shall, however, have the discretion to reopen the Step III hearing in the event of compelling circumstances established by the employee or the union within two (2) weeks of the date of the Step III decision, substantiating with documentary evidence that the subject employee was prevented from attending the Step III hearing and/or from communicating his or her inability to attend based upon his or her incapacitation due to serious mental or physical illness or similar unforeseen circumstances. In the event the Hearing Officer determines not to reopen a Step III hearing, despite the submission of such documentary evidence, the Step III decision rendered shall be final.

Disciplinary Procedure for Job Abandonment. 1. (a) In addition to the established procedures of this Article XXI, XXIX as related to absences from work, an employee who is absent without authorization and fails to notify or communicate such absence in the manner prescribed by the EOC Office College Director of Human Resources for a period of ten (10) or more consecutive work days shall be subject to disciplinary action which may result in termination of employment. 2. (b) Such employee shall be brought up on disciplinary charges of job abandonment prior to the imposition of any disciplinary penalty. Upon filing disciplinary charges for job abandonment, the matter will proceed directly to a Step III II hearing before the Chancellor’s Designee. Prior to the Step II hearing, the employee and/or union on the employee’s behalf, must indicate in writing to the Chancellor’s Designee what choice has been made between the two final review options: a) review by an arbitrator, or b) review by the CUNY Civil Service Commission. Choice of arbitration as a final Step may be made only with the concurrence of the Union. 3. (c) Notification of such disciplinary action must be hand delivered to the employee or sent by regular and certified mail to the last address on file in the EOC Office of College Human ResourcesResources Office, in accordance with Section 3 of this Article. As is true of all disciplinary hearings, the hearing may be conducted as scheduled even if the employee fails to attend such hearing, provided that the required procedures have been followed to notify said employee of the scheduled date, time and location of the Step III II hearing. 4. (d) In the event the employee fails to appear at the Step III II hearing, the decision rendered at Step III II shall be final and binding and will not be subject to any further appeal, except for the limitations set forth below. The Hearing Officer shall, however, have the discretion to reopen the Step III II hearing in the event of compelling circumstances established by the employee or the union within two (2) weeks of the date of the Step III II decision, substantiating with documentary evidence that the subject employee was prevented from attending the Step III II hearing and/or from communicating his or her inability to attend based upon his or her incapacitation due to serious mental or physical illness or similar unforeseen circumstances. In the event the Hearing Officer determines not to reopen a Step III II hearing, despite the submission of such documentary evidence, the union may appeal the reopening issue to the CUNY Civil Service Commission for final determination. For purposes of said appeal, the only issue before the CUNY Civil Service Commission will be whether the Step III II hearing should be reopened. During the pendency of a request to reopen or to appeal said issue, the underlying decision rendered shall on the merits will remain in full force and effect. If the matter is reopened, either by the Hearing Officer or the CUNY Civil Service Commission, the regular procedures for hearing and appeals will be finalapplicable.

Disciplinary Procedure for Job Abandonment. 1. (a) In addition to the established procedures of this Article XXI, XXIX as related to absences from work, an employee who is absent without authorization and fails to notify or communicate such absence in the manner prescribed by the EOC Office College Director of Human Resources for a period of ten (10) or more consecutive work days WHITE COLLAR AGREEMENT 2002-2006 PAGE 109 shall be subject to disciplinary action which may result in termination of employment. 2. (b) Such employee shall be brought up on disciplinary charges of job abandonment prior to the imposition of any disciplinary penalty. Upon filing disciplinary charges for job abandonment, the matter will proceed directly to a Step III II hearing before the Chancellor’s Designee. Prior to the Step II hearing, the employee and/or union on the employee’s behalf, must indicate in writing to the Chancellor’s Designee what choice has been made between the two final review options: a) review by an arbitrator, or b) review by the CUNY Civil Service Commission. Choice of arbitration as a final Step may be made only with the concurrence of the Union. 3. (c) Notification of such disciplinary action must be hand delivered to the employee or sent by regular and certified mail to the last address on file in the EOC Office of College Human ResourcesResources Office, in accordance with Section 3 of this Article. As is true of all disciplinary hearings, the hearing may be conducted as scheduled even if the employee fails to attend such hearing, provided that the required procedures have been followed to notify said employee of the scheduled date, time and location of the Step III II hearing. 4. (d) In the event the employee fails to appear at the Step III II hearing, the decision rendered at Step III II shall be final and binding and will not be subject to any further appeal, except for the limitations set forth below. The Hearing Officer shall, however, have the discretion to reopen the Step III II hearing in the event of compelling circumstances established by the employee or the union within two (2) weeks of the date of the Step III II decision, substantiating with documentary evidence that the subject employee was prevented from attending the Step III II hearing and/or from communicating his or her inability to attend based upon his or her incapacitation due to serious mental or physical illness or similar unforeseen circumstances. In the event the Hearing Officer determines not to reopen a Step III II hearing, despite the submission of such documentary evidence, the union may appeal the reopening issue to the CUNY Civil Service Commission for final determination. For purposes of said appeal, the only issue before the CUNY Civil Service Commission will be whether the Step III II hearing should be reopened. During the pendency of a request to reopen or to appeal said issue, the underlying decision rendered shall on the merits will remain in full force and effect. If the matter is reopened, either by the Hearing Officer or the CUNY Civil Service Commission, the regular procedures for hearing and appeals will be finalapplicable.