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 xxxxxxx. 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 xxxxxxx. 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.
Appears in 9 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
6 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 upon bargaining unit members only pursuant to this Agreement, pertinent 7 law, and as otherwise necessary as determined by the District. 11 corrective purposes only.
13 2. Disciplinary action" includes any action whereby a bargaining unit member is deprived of any 14 classification or any incident of any classification in which he/she has permanence, including 15 dismissal, suspension (with or without pay), or demotion without his/her voluntary consent, 16 except for just causea layoff for lack of work or lack of funds.
18 3. The specific acts for which discipline is being imposed In any case where it has been determined that a recommendation of disciplinary action will be 19 made against a permanent classified employee, and that continuation of the penalty proposed employee in active 20 present status would result in an unreasonable risk of harm or threat to students, staff, or work 21 place, the Superintendent, or his/her designee, may order the disciplinary action into effect 22 immediately on an interim basis. Such order shall be specified contained in the Notice of Disciplinerecommendation of
25 4. The Notice served on In the event that proposed disciplinary action is denied, the employee shall contain a reference have all back pay 26 and privileges restored.
28 5. No disciplinary action will be initiated for any cause alleged to dates, times and places, if possible, and shall also be given have arisen prior to the local union president and xxxxxxx. The Employer shall notify bargaining 29 unit member becoming permanent nor for any cause alleged to have arisen more than two (2) 30 years preceding the employee and the Union within seven (7) days after the Employer has knowledge of the incident date that the Employer intends to impose discipline that may result District files the notice of disciplinary action except as otherwise 31 indicated 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 actionlaw.
20.04 Before any discipline is imposed, 33 6. When 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 District seeks as a penalty the imposition of a suspension without payany disciplinary action, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline action shall be 34 made in writing and served on the employee personally in person or by registered or certified mail, return receipt requestat his/her last known 35 address, with upon the bargaining unit member. The notice shall contain a copy to the local union president statement in ordinary and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 36 concise language of the grievance procedure.
20.05 The Union on behalf of all specific acts and omissions upon which 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. suspensionsis based. 37 The statement shall also include times, demotion dates, and locations of chargeable actions or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:
1. the matter is settledomissions, or
2. the employee fails to file a grievance within the time frame provided by this procedure, or
3. 38 the penalty is upheld by proposed, and a notice of 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 Unionbargaining unit member's right to appeal it this procedure to arbitration39 dispute the charges or the proposed penalty.
41 7. In addition to any disqualifying or actionable causes otherwise provided for by statute or by policy 42 of this District, each of the following constitutes cause for disciplinary action against a permanent 43 classified employee.
45 a. Knowingly falsifying any information supplied to the District, including but not limited to, 46 information supplied on application forms, employment records, or any other District 47 records.
49 b. Incompetence or inefficiency in the performance of the duties of his/her position. 50 51 c. Insubordination. 52
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An No employee shall be entitled to only Union representation at each step of the disciplinary procedure.
B. An employee shall not be coerceddisciplined, intimidatedreduced in pay or position, suspended or suffer any reprisals either directly or indirectly that may adversely affect his hoursremoved, 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 except for just cause. Warnings or reprimands that do not involve a reduction in pay or position, suspension, or discharge are not appealable to binding arbitration.
B. The specific acts for which discipline is being imposed and the penalty proposed principles of progressive disciplinary action will be followed with respect to minor offenses. It shall be specified corrective and applied in the Notice of Disciplinea uniform manner. The Notice served on the employee Normal progressive discipline shall contain a reference to datesconsist of, times and placesbut not limited to, if possiblean oral warning, written reprimand, short-term suspension, and shall also be given to either a long-term suspension, demotion, or discharge.
C. The City may take corrective action deemed necessary by the local union president and xxxxxxx. The Employer shall notify circumstances on a case-by-case basis.
D. When the employee and Communications Director schedules an operator for a hearing for the Union within seven (7) days after purpose of determining whether or not the Employer operator has knowledge of the incident that the Employer intends to impose discipline that may committed an infraction which could result in a suspension disciplinary action of record, the operator will be notified of the right to be represented by a representative of the Association. A hearing is a meeting between an operator and the City's Representative at the prescribed time and place after the alleged occurrence of the work-related offense. No such hearing shall be held until the operator has had the opportunity to obtain such representation or dischargehas waived such right. Disciplinary actions resulting A copy of the charges and a brief outline supporting such charges shall be sent to the operator not less than five (5) working days prior to the date of the hearing. Findings will be issued to the employee after any hearing for which formal charges and specifications have been prepared.
E. The City agrees that all disciplinary procedures shall be carried out in private and in a reprimand shall be imposed within businesslike manner.
F. In cases where a suspension of ten (10) days after or less has been imposed on a bargaining unit employee, the Employer has knowledge of City may offer the incidentemployee the option to forfeit accrued leave time (vacation, compensatory time). Notice of Disciplinary actions resulting in a suspension or discharge The forfeiture shall be issued within sixty one (601) days after the Employer has knowledge hour of the incident resulting in the leave for each hour of proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and his/her union representative suspension. The type of leave shall be entitled to a pre-disciplinary hearing before the employee's department headchoice. 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, The forfeiture of leave shall constitute corrective action of record 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 placed in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy to employee's personnel file. The forfeiture of leave shall constitute the local union president and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 final resolution 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:
1departmental charges. 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 Once accepted by the arbitrator or a different penalty employee, forfeiture of leave is determined by the arbitrator, or
4. the penalty may be imposed after the hearing before the Mayor in Section 20.04, not subject to the Union's right to appeal it to arbitrationappeal.
Appears in 7 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An No employee shall be entitled to only Union representation at each step of the disciplinary procedure.
B. An employee shall not be coerceddisciplined, intimidatedreduced in pay or position, suspended or suffer any reprisals either directly or indirectly that may adversely affect his hoursremoved, 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 except for just cause. Warnings or reprimands that do not involve a reduction in pay or position, suspension, or discharge are not appealable to binding arbitration.
B. The specific acts for which discipline is being imposed and the penalty proposed principles of progressive disciplinary action will be followed with respect to minor offenses. It shall be specified corrective and applied in a uniform manner. Normal progressive discipline shall consist of, but not limited to, an oral warning, written reprimand, short- term suspension, and either a long-term suspension, demotion, or discharge.
C. The City may take corrective action deemed necessary by the Notice circumstances on a case- by-case basis.
D. When the Chief of Discipline. The Notice served on Police schedules an employee for a hearing for the purpose of determining whether or not the employee shall contain has committed an infraction which could result in a reference disciplinary action of record, the employee will be notified of the right to dates, times and places, if possible, and shall also be given to represented by a representative of the local union president and xxxxxxxUnion. The Employer shall notify the A hearing is a meeting between an employee and the Union within seven (7) days City's Representative at a prescribed time and place after the Employer has knowledge alleged occurrence of the incident work-related offense. No such hearing shall be held until the employee has had the opportunity to obtain such representation or has waived such right. A copy of the charges and a brief outline supporting such charges shall be sent to the employee not less than five (5) working days prior to the date of the hearing. Findings will be issued to the employee after any hearing for which formal charges and specifications have been prepared.
E. The City agrees that the Employer intends to impose discipline that may result all disciplinary procedures shall be carried out in private and in a businesslike manner.
F. In cases where a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within of ten (10) days after or less has been imposed on a bargaining unit employee, the Employer has knowledge of City may offer the incidentemployee the option to forfeit accrued leave time (vacation, compensatory time). Notice of Disciplinary actions resulting in a suspension or discharge The forfeiture shall be issued within sixty one (601) days after the Employer has knowledge hour of the incident resulting in the leave for each hour of proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and his/her union representative suspension. The type of leave shall be entitled to a pre-disciplinary hearing before the employee's department headchoice. 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, The forfeiture of leave shall constitute corrective action of record 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 placed in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy to employee's personnel file. The forfeiture of leave shall constitute the local union president and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 final resolution 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:
1departmental charges. 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 Once accepted by the arbitrator or a different penalty employee, forfeiture of leave is determined by the arbitrator, or
4. the penalty may be imposed after the hearing before the Mayor in Section 20.04, not subject to the Union's right to appeal it to arbitrationappeal.
Appears in 5 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Disciplinary Procedure. 20.01 48.01 Disciplinary action taken by the Employer shall be for just cause.
48.02 All non-probationary employees who are suspended, demoted or discharged, shall be given written notice regarding the reason(s) for the disciplinary action.
48.03 Prior to any discipline being imposed, the non-probationary employee shall be given a meeting to respond to the Chief of Police or his designee.
48.04 All employees shall have the following rights:
A. 1. An employee shall be entitled to only Union representation at each step of the disciplinary procedure.
B. 2. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, wages or working conditions as a the result of the exercise of his rights under this procedure.
20.02 48.05 An employee may resign following the service of a Notice notice of Disciplinediscipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment shall be terminated.
20.03 Discipline 48.06 The appointing authority and the employee involved are encouraged to settle disciplinary matters informally. Each side shall be imposed only extend a good faith effort to settle the matter at the earliest possible time. The appointing authority shall hold an informal meeting with the employee and his representative, if the employee so requests, for just causethe purpose of discussing the matter prior to the formal presentation of written charges. The specific acts for which discipline is being imposed nature of the matter will be addressed and the penalty appointing authority may offer a proposed shall be specified in the Notice of Disciplinedisciplinary penalty. The Notice served on the employee shall contain a reference may be advised before meeting that he is entitled to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and representation by 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 actionduring initial discussion.
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 xxxxxxx. 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 48.07 The Union on behalf of all the employees covered by this Agreement and its own behalf behalf, hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensions, demotion suspensions or discharge) to any Civil Service Commission.
20.06 Discipline 48.08 Verbal and written reprimands shall not be implemented until either:
1. appealable or grievable beyond the matter is settled, or
2. Chief of Police's step of 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 arbitrationGrievance Procedure.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 (a) No 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 disciplined except for just cause. The specific acts for which discipline Just cause shall include, but is being imposed not limited to, poor job performance, misconduct, insubordination, sexual harassment, discrimination, and the penalty violation of College policy.
(b) An employee proposed to be disciplined in accordance with this procedure shall be specified in furnished by the Notice Office of DisciplineHuman Resources, a detailed written statement describing the cause requiring disciplinary action. The Notice served on the employee A copy shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president President or the President's designee, the Senior Administrator of the area, the Union, and xxxxxxxthe employee’s supervisor. (S)he shall further be informed by the Office of Human Resources of his/her rights under this procedure by furnishing a copy of these procedures.
(c) Should the Senior Administrator and/or Human Resources believe that the offense is so serious as to require immediate suspension with pay, Human Resources may recommend such action to the President prior to fact finding and due process described below.
(d) The charges against the employee shall be reviewed by the Union/Administration Disciplinary Committee consisting of two (2) individuals, one member selected by the Union, and one member selected by Administration. The Employer Committee shall notify promptly investigate the employee matter by interviewing all concerned parties, reviewing appropriate and related documents, and submitting a recommended disposition to the Union within seven President for his/her action.
(7e) days after The Committee shall deliver its recommendations to 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 President no later than sixty (60) work days after from the Employer has knowledge date the charges are filed. Upon request, the President may grant the Committee, for good cause shown, up to an additional thirty (30) days to submit its report. For the purposes of Disciplinary procedure, “work day” is defined as any day on which classes are officially in session during the fall and spring semesters, except Saturdays and Sundays. The clock will stop on the Committee’s work beginning July 1st through the day before the fall semester convocation or beginning January 1st through the day before spring semester convocation unless the two members of the incident resulting in Committee agree to continue working through all or part of this period. Should the proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and his/her union representative shall Committee not be entitled ready 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 submit a recommendation to the Mayor and notice of such proposed discipline shall be made in writing and served on President by the employee personally or by registered or certified maildeadline, return receipt request, with a copy the Union will have five (5) work days to submit information about the disciplinary action to the local union president and xxxxxxxPresident.
(f) Upon receipt of the committee report, the President may take disciplinary action. Penalty may include, but is not limited to, reprimand or recommendation to the President, to suspend with or without pay, or termination. If the employee grieves President’s decision is to terminate a tenured employee, s/he will utilize the proposed suspensionprocess described in the Education Law Section 2587, demotionand the process described in the Board of Trustees By-Laws, 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.VC,
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees The Employer shall have the following rights:
A. An right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline an employee for just cause. The Employer endorses a policy of progressive discipline for just cause. The purpose of progressive discipline is to correct an employee’s behavior and not intended to be punitive in nature. Prior to issuing a disciplinary action, the Employer shall be entitled attempt to only Union representation at each step of meet with the employee to gather facts surrounding the incident; and shall conduct a proper investigation prior to issuing a 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 action. An employee may resign following be subject to immediate dismissal or suspension based on an egregious offense. In addition, the service Employer may skip steps in the progressive discipline process based upon the seriousness of a Notice of Discipline. Any such resignation will be processed the offense in accordance with the provisions contained herein and the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for of just cause. The specific acts Grounds for discipline or discharge, including immediate discharge are set forth in the Employer's Employee Handbook. Information requested by the Union on behalf of an employee in administration of the Agreement which discipline involves direct patient information shall be provided only after de- identification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. A Union Field Representative or Advocate may meet and discuss any disciplinary action of a Union member with the Employer. Employees shall be notified by the Employer of their right to request Union representation, prior to any disciplinary meeting, or meeting that may lead to discipline. Employees may elect to have an Advocate or Union representative present at any meeting with the Employer that may lead to discipline, so long as the Advocate or Representative is being imposed readily available, and the penalty proposed shall be specified presence of the Advocate or representative does not interfere with the operational needs of the Employer. When the Employer requests a written statement prior to an investigation, after an investigatory meeting or in lieu of an investigatory meeting, 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 xxxxxxx. The Employer shall notify the employee and of their right to consult their Union Representative prior to the Union submission of the statement. Employees will be provided with a copy of any written notice of disciplinary action at the time it is presented to the employee. Generally, disciplinary action shall be taken within seven fourteen (714) calendar days after from the date the Employer has had knowledge of the incident information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form, memo or letter used for disciplinary action shall include the following information, adjacent to the sentence which states that the Employer intends to impose discipline employee’s signature on the form indicates that may result in the employee has received a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after the Employer has knowledge copy of the incident. Notice of Disciplinary actions resulting in a suspension discipline, but the signature does not indicate agreement or discharge shall be issued within sixty (60) days after disagreement with the Employer has knowledge of content or information which led to the incident resulting in the proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and his/her union representative : Employees shall be entitled to a pre-disciplinary hearing before place copies of any written explanation(s) or opinion(s) regarding any critical material placed in their personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part of the employee's department head’s personnel file so long as the critical material remains in the file. If after this hearing Any employee explanation must be furnished within thirty calendar days from the department head decides to impose a penalty that does not involve a suspension, demotion, or removal from service, date the department head may impose critical material is reviewed with 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 xxxxxxx. 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 procedureemployee.
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.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 24.2.1 Discipline shall be imposed on unit employees only for just cause. The specific acts .
24.2.2 No disciplinary action will be initiated for which discipline is being imposed and any cause alleged to have arisen prior to the penalty proposed employee becoming permanent nor for any cause alleged to have arisen more than two (2) years preceding the date that the District filed the notice of disciplinary action, unless omitted or not available to the District.
24.2.3 A notice of disciplinary action shall be specified in the Notice of Disciplinewritten. 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 xxxxxxx. 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 It shall be imposed within ten (10) days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting served 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 imposedperson, 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 requestat the employee’s last known address. The notice shall contain a statement in ordinary and concise language of the specific act and omissions upon which the disciplinary action is based. The statement shall also include times, with dates, and locations of chargeable actions or omissions, the penalty proposed, and a copy notice of the employee’s right to make use of the local union president and xxxxxxx. If appeal procedure to dispute the employee grieves charges or the proposed suspensionpenalty.
24.2.4 Disciplinary action includes, but is not limited to, dismissal, demotion, or removal from servicesuspension, the Mayor or designee shall convene a hearing at Step 3 of the grievance procedurereassignment, and transfer.
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 24.2.5 Any proposed penalty shall not be implemented until either:
1. the matter is settled, or
2. the employee fails has exhausted his/her rights under the Xxxxxx decision and the appeal procedure.
24.2.6 An employee may be relieved of duties with or without loss of pay at the option of the District.
24.2.7 If the decision is made to file a grievance within suspend without pay, the time frame provided by this procedureemployee must be given sufficient advance notice of the disciplinary action in order for the employee to review the material upon which the action is based, or
3. to draft an answer, meet with representatives, and to have the penalty is upheld written oral response considered 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 authority who recommended discipline prior to the Union's right actual imposition of the discipline. Failure of the employee to appeal it make a written or oral response as provided will constitute a waiver of this provision, provided, however, that the employee shall have at least five (5) working days after service prior to arbitrationany formal action being taken.
24.2.8 The Association and the District recognize that emergency situations can occur involving the health and welfare of students or employees. If the employee’s presence would lead to a clear and present danger to the lives, safety, or health of students or fellow employees, the District may immediately suspend the employee with pay.
24.2.9 Nothing herein shall limit the District’s rights under Education Code Sections 45123 and 45124.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 38.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
38.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative (attorney) 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 the result of the exercise of his rights under this procedure.
20.02 38.03 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 Employer's Rules and Regulations and the employee's employment shall be terminated.
20.03 38.04 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 xxxxxxx. 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. 38.05 Where the department head appointing authority 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 requested. Oral and written reprimands are not subject to the local union president and xxxxxxx. 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 this 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 38.06 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 is imposed concurrent with or subsequent to the predisciplinary hearing decision of the Mayor/Safety Director or designee.
38.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1. the employee has a right to object by filing a grievance within five (5) days of receipt of the Notice of Discipline;
2. the Grievance Procedure provides for a hearing by an independent arbitrator as its final step;
3. the employee is entitled to representation by a union representative (attorney) at every step of the proceeding;
38.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be implemented, except as provided in paragraph 38.12, until the matter is settled or the arbitrator renders a determination.
38.09 The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority and the employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to the formal presentation of written charges. The specific nature of the matter will be addressed, and the appointing authority may offer a proposed disciplinary penalty. The Employee must be advised before meeting that she/he is entitled to representation by the Union (attorney) during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within ten (10) working days, prepare a formal Notice of Discipline and present it to the employee. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the appointed authority, pursuant to Step 3 of the Grievance Procedure. The appeal must be filed at Step 3 within five (5) days from receipt of the Notice of Discipline.
38.10 A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
38.11 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative (attorney) as a representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
38.12 An employee may be suspended with pay at any time during the process. A suspension without pay may be imposed after the hearing before the Mayor in Section 20.04, subject concurrent with or subsequent to the Uniondecision at Step 3 of the Grievance Procedure.
38.13 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 a Safety Director's right inquiry or to appeal it any form of disciplinary action (e.g., suspension, demotion or discharge) to arbitrationany Civil Service Commission.
38.14 Records of disciplinary action shall cease to have force and effect or be considered in future disciplinary matters twelve (12) months after their effective date for counseling and written reprimands, and twenty-four (24) months after their effective date for suspensions of three (3) days or less providing there is no intervening discipline during these time frames. Suspensions of four (4) days or more will not be considered in future disciplinary actions after forty-eight (48) months proving there is no intervening disciplinary action.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees 1. Before imposing a demotion, suspension or discharge on an employee, the Superintendent or his designee shall have hold a conference with the following rights:
A. An employee shall to give the employee an opportunity to learn the reasons for the intended disciplinary action and to explain his behavior. The employee has the right to be entitled to only Union representation accompanied at each step the conference by one representative of his own choosing. The conference will be scheduled as promptly as possible by the Superintendent. The Superintendent or his designee may impose reasonable rules on the length 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 conference and the conduct of the exercise of participants. If the Superintendent or 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 designee determines that the employee's continued employment shall be terminated.
20.03 Discipline shall be imposed only prior to the conference poses a danger to persons or property or a threat of disrupting operations, he may suspend the employee without pay for just causeup to three days pending the conference to determine final disciplinary action. The specific acts for which discipline is being imposed Written notice of the charges and the penalty proposed intended administrative action or recommendation 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 xxxxxxxemployee or Union representative at least 24 hours before the conference held under this subsection.
2. The Employer Ordinarily, the first instance of misconduct by an employee 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 result in an oral reprimand from his supervisor or an administrator. Further misconduct may result in suspension without pay or demotion, imposed by the Superintendent. Further misconduct thereafter may result in discharge.
3. Rules cannot be listed to cover every situation. Certain offenses are serious enough to warrant immediate discharge without regard to previous reprimands or discipline. Such serious offenses include, but are not necessarily limited to the following:
a. theft of or intentional damage to property of the Board;
b. theft of or intentional damage to the property of a fellow employee;
c. insubordination, or the uttering of threatening abusive language toward management personnel, other employees, students, or the public;
d. intoxication on the job;
e. falsification of any records, including employment records; and
f. provoking a fight.
4. If the Board's insurance company informs the Board that a bus driver has become uninsurable, and the driver is not discharged pursuant to this Section, the driver will be automatically laid off. The driver will remain laid off until he/she becomes insurable again. At that time, the employee will be called back when a position becomes available.
5. The Superintendent may impose a demotion or suspension for cause in accordance with this Section for up to 30 days without pay. Only the Board of Education shall discharge an employee. The Superintendent or dischargehis designee shall give the Association president and the employee notice of the decision to demote, suspend, or discharge an employee. Disciplinary Such actions resulting in a reprimand shall be imposed subject to the grievance procedure by filing a written grievance with the Superintendent within ten (10) days after the Employer has knowledge of the incident. Notice date of Disciplinary actions resulting in a suspension the written notice of the disciplinary or discharge decision. The grievance will be processed from the Superintendent's Step (Level Three) onward in accordance with the Level Three and Level Four procedures set forth in Article 5.
6. Any employee that receives an oral reprimand that has no further incidents after three years shall be issued within sixty (60) days after have the Employer has knowledge oral reprimand expunged at the request of the incident resulting in the proposed disciplinary actionemployee.
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 xxxxxxx. 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.
Appears in 3 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Disciplinary Procedure. 20.01 All employees 1. When the County Office determines that sufficient cause exists for disciplinary action of unpaid suspension and/or dismissal to be taken against an employee, the County Office shall have serve formal notice to that effect upon the following rights:employee. Such notice shall be presented to the employee by personal delivery, or by being placed in the United States mail, postage prepaid, addressed to the last known address of the employee.
A. An 2. The employee shall be entitled to only Union representation an informal pre-hearing (Xxxxxx) on the charges with the appropriate administrators, whether or not the employee demands a formal hearing on the charges. The employee shall be entitled to have a representative of his or her choice at each step of the disciplinary procedurepre-hearing. If the employee’s preferred representative is not available on the pre-hearing date, the employee may choose another representative who is available.
B. An employee 3. The notice 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 state 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 specific charges against the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for just cause. The specific , citing names, dates, times, locations and circumstances of alleged acts for or omissions upon which discipline is being imposed and to be based. If it is alleged the penalty proposed employee has committed any of the grounds for disciplinary action contained in Section E, such grounds shall be specified set forth in the Notice of Disciplinenotice. The Notice served on notice shall set forth the charges against the employee with such clarity and specificity, in ordinary and concise language, that the employee may be fully informed of their exact nature.
4. Included with the notice shall be a Demand for Hearing form, the signing and return of which by the employee shall contain constitute a reference to dates, times denial of all charges and places, if possible, and shall also be given to a demand for hearing on the local union president and xxxxxxxcharges. The Employer employee shall notify the employee and the Union within have not less than seven (7) calendar days after the Employer has knowledge from receipt of the incident that notice in which to return the Employer intends Demand for Hearing form to impose discipline that may result in the County Office and demand 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 actionhearing.
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 xxxxxxx5. If the employee grieves demands a hearing on the proposed suspension, demotion, or removal from servicecharges, the Mayor or designee County Office shall convene obtain the services of a hearing officer to conduct the hearing. The hearing shall be conducted at Step 3 the convenience of the grievance procedurehearing officer. The technical rules of evidence shall not apply. The hearing shall be conducted in open or closed session, based upon the wishes of the employee.
20.05 6. The Union employee shall have the right of counsel or representation of his/her choice at the hearing. He/she shall have the right to present evidence, testimony and witnesses on behalf his/her behalf, and the right to cross-examine witnesses of all the employees covered by this Agreement County Office. The burden of proof shall remain with the County Office, and its own behalf hereby waives any and all rights previously possessed by such employees the standard to appeal any form be met shall be preponderance of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commissionevidence.
20.06 Discipline 7. The hearing officer shall issue a written decision following conclusion of the hearing, which shall be provided to the Superintendent and the employee. In his decision, the hearing officer shall issue judgment on each charge and specification contained in the original charges, and on the charge as a whole. The decision shall contain a recommendation for discipline, if any, as found appropriate by the hearing officer. The hearing officer’s recommendation may sustain or reject the original charges and proposed discipline in whole or part, with amendments thereto, but may not recommend discipline greater than that originally proposed by the County Office.
8. The Superintendent shall act upon the hearing officer’s recommendations. If the Superintendent’s action includes the imposition of discipline on the employee, the effective date(s) of such discipline shall be implemented until either:
1indicated. If the matter is settled, or
2. charges are rejected and the employee fails fully reinstated to file a grievance within his position, the time frame provided by this procedure, or
3. Superintendent shall rule on 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 arbitrationissue of back pay.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Classified Negotiated Agreement, Classified Negotiated Agreement
Disciplinary Procedure. 20.01 10.1 The Mount Royal Staff Association is the sole representative of Staff Employees at the University. All employees shall have Employees are encouraged to seek representation and support from the following rights:Mount Royal Staff Association.
A. An employee (a) Where alleged misconduct by the Employee is being investigated and/or meetings are being held where discipline could be an outcome, the Employee shall be entitled provided reasonable notice to only Union representation at each step arrange an Association Representative to attend the meeting if they so choose, while avoiding undue delay.
10.2 The University recognizes the principles of progressive discipline. Where warranted, prior to disciplinary action, non-disciplinary coaching or Letters of Expectation and appropriate follow-up may be provided to an Employee. These may be issued by a Manager/Chair. The purpose of these actions is to ensure Employees have a clear understanding of the disciplinary procedureUniversity’s expectations for their conduct or performance.
B. An employee 10.3 INVESTIGATIONS
(a) A fair, prompt and confidential initial assessment of allegations shall be conducted by the University to determine whether or 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 procedureallegations warrant formal investigation.
20.02 An employee may resign following (b) The University shall maintain procedures for the service investigation of a Notice allegations 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 possiblemisconduct, and shall also be given consult with the Association when it intends to make any contextual changes to such procedures.
(c) Employees who are the subject of formal investigations shall, prior to the local union president and xxxxxxx. The Employer shall notify investigation proceeding, receive a letter of intent of formal investigation.
(d) Unless otherwise stipulated by a licencing body or Provincial Legislation applicable to the employee and position, the Union investigation of allegations of misconduct will normally be completed within seven thirty (730) working days after the Employer has knowledge of the incident date that the Employer intends Manager/Chair knew, or ought reasonably 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 have become aware, 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 occurrence of the incident resulting in matter giving rise to the proposed disciplinary actioninvestigation.
20.04 Before (i) The University shall provide the Association with details regarding timing and investigation requirements for any discipline is imposedexceptions due to licencing or provincial legislation.
(e) The University may place an Employee on leave with pay pending an investigation. Such leave may only occur when the nature and seriousness of the allegations warrants the leave with pay. Prior to the commencement of the leave, the employee Associate Vice President, Human Resources or designate will provide in writing, to 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 serviceAssociation, the department head may impose reason(s) for the penalty, leave. This is an administrative leave 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 is not disciplinary 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 xxxxxxx. 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 procedurenature.
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.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Disciplinary Procedure. 20.01 24.01 This procedure shall apply to all non-probationary employees covered by this Agreement, but shall not affect the rights of probationary employees under civil service law.
24.02 All employees shall have the following rights:
A. A) An employee shall be entitled to only representation by a Union representation representative or an attorney at his/her own expense at each step of the disciplinary procedure.
B. 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 the result of the exercise of his rights under this procedure.
20.02 24.03 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 Employer's Rules and Regulations and the employee's employment shall be terminated.
20.03 24.04 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 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 xxxxxxx. 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. 24.05 Where the department head appointing authority 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 requestrequested.
24.06 Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the City Manager, pursuant to Step 4 of the Grievance Procedure. The appeal must be filed at Step 4 within ten (10) calendar days from receipt of the Notice of Discipline. A failure to submit an appeal within the above time limit shall result in all subsequent appeal rights being waived. Notwithstanding the right of appeal described above, in the event that an employee becomes unable to perform essential job functions due to loss of required certification or other event which renders the employee not qualified to perform such functions, or where the employee’s presence would result in a copy direct threat to the local union president Employer, the Employer, upon learning of such loss of ability to perform essential job functions, or upon direct threat of the employee’s continued presence, may suspend the ten (10) day time limit for employee appeal, and xxxxxxxmay immediately conduct a pre-disciplinary hearing and, upon receipt of the opinion of a hearing officer, impose discipline up to and including termination of employment. If Such suspension of time limits for appeal by the Employer shall not bar the employee grieves from subsequently appealing such disciplinary action through Step 4 of the proposed suspensionGrievance Procedure as defined in Article 25 of this Agreement.
24.07 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or an attorney as a representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
24.08 Provided a grievance is filed and pursued within the time frames established in Article 25, demotion, or removal from service, a suspension without pay may not be imposed prior to the Mayor or designee shall convene a hearing decision at Step 3 4 of the grievance procedureGrievance Procedure.
20.05 24.09 The Union on behalf of all the employees covered by this Agreement and its own behalf behalf, hereby waives any and all rights previously possessed by such employees to a Safety Director's inquiry or 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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 48.01 This procedure shall only apply to all non-probationary employees covered by this Agreement. Discipline can include but is not limited to temporary reduction in pay or reduction in vacation balance.
48.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative at each step of the disciplinary procedure.
B. No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least five (5) work days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
C. 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 the result of the exercise of his rights under this procedure.
20.02 48.03 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 terms of this Agreement and the employee's ’s employment shall be terminated.
20.03 48.04 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 xxxxxxx. 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. 48.05 Where the department head appointing authority seeks as a penalty the imposition of a suspension without a 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 xxxxxxx. 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 procedurerequested.
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 48.06 Discipline shall not be implemented until either:
1. the The matter is settled, or
2. the The employee fails to file a grievance within the time frame provided by this procedure, or
3. the The penalty is upheld at Step 4 of the grievance procedure.
48.07 The Notice of Discipline served on the employee shall be accompanied by the arbitrator or written statement that:
1. The employee has 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.object by filing a grievance within five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees When the District determines that sufficient cause exists for disciplinary action to be taken against an employee, the District shall serve formal written notice to that effect upon the employee. This notice shall be presented to the employee by personal delivery, or by being placed in the U.S. Mail, postage prepaid, addressed to the employee's most recent address of record. The notice of proposed disciplinary action shall state the specific charges against the employee, citing the names, dates, times, locations and circumstances of alleged acts or omissions upon which recommended discipline is based. If it is alleged the employee has committed any of the grounds for discipline contained in this Article, the grounds shall be set forth in the notice. Included with the notice shall be a paper, the signing and return of which by the employee shall constitute a denial of all charges and a demand for a hearing on the charges The employee shall have not less than five (5) working days from receipt of the following rights:
A. An notice in which to return the paper to the District. The employee shall be entitled afforded an informal (Xxxxxx) conference on the charges with administrator(s) who have the authority to only Union representation at each step of amend or withdraw the disciplinary procedure.
B. An charges, whether or not the 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 demands a result of formal hearing on 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 causecharges. The specific acts for which discipline purpose of this meeting is being imposed to answer any questions that might exist and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on to afford the employee shall contain a reference an opportunity to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. 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 explain matters from his/her union representative shall perspective, if the employee desires to do so. It is appropriate for the charges to be entitled to amended or withdrawn following this conference, if justified by the information exchanged at the conference. This conference also affords the opportunity for a pre-disciplinary hearing before negotiated settlement of the employee's department head. If after this hearing charges if 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, District 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 are able to reach 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 xxxxxxxan agreement. If the employee grieves demands a hearing on the proposed suspension, demotion, or removal from servicecharges, the Mayor or designee District shall convene obtain the services of a hearing officer from the Office of Administrative Hearings or from the Board of Trustees to conduct the hearing. The hearing shall be held at Step 3 the convenience of the grievance procedure.
20.05 hearing officer. The Union on behalf technical rules 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 evidence shall not apply. The hearing shall be implemented until either:
1closed to the public unless the employee requests that hearing be open to the public. The employee shall have the right to present evidence, witnesses and testimony on his/her behalf at the hearing, and the right to cross-examine District witnesses. The burden of proof remains with the District, and the standard to be met is preponderance of the evidence. The hearing officer shall issue a written proposed decision following conclusion of the hearing, which shall be provided to the District and the employee. In this decision the hearing officer shall issue a proposed ruling on each charge and specification individually, and on the charges as a whole. The decision shall contain a recommendation for discipline, if any, as found appropriate by the hearing officer. The hearing officer's decision may sustain or reject the charges in whole or in part. The Board of Trustees shall act upon the hearing officer's recommendations at the first regular or special meeting of the Board following receipt of the decision for which the matter is settledcan be placed on the agenda. If the Board imposes discipline on the employee, or
2the effective dates of discipline shall be indicated. If the charges are not sustained, the employee fails shall be reinstated to file a grievance within his/her position without prejudice, and the time frame provided by this procedure, or
3. disciplinary charges and documentation shall be removed from 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 arbitrationemployee’s personnel file.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees 11.1.1 The Employer shall have the following rights:
A. An right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee shall may be entitled subject to only Union representation at each step immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness 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 offense in accordance with the provisions contained herein and the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for of just cause. The specific acts Grounds for which discipline or discharge, including immediate discharge are set forth in t he Employer's Employee Handbook.
11.1.2 Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is being imposed and the penalty proposed shall be specified in the Notice abuse or neglect. A government finding of Discipline. The Notice served on the employee shall contain abuse or neglect is not required for a reference to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident conclusion that the Employer intends to impose discipline that may result in a suspension Bargaining Unit Employee's action 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 actioninaction is defined as such.
20.04 Before any discipline is imposed, 11.1.3 Information requested by 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 xxxxxxx. 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 an Employee grievance which involves direct patient information cannot be released without the express approval by the resident.
11.1.4 Any probationary employee may be discharged or disciplined by the Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees covered shall be the subject of the grievance or arbitration procedure.
11.1.5 A Union Field Representative or advocate may meet and discuss any disciplinary action of a Union member with the Employer. Employees shall be notified by this Agreement the Employer of their right to request union representation, at the beginning of any disciplinary meeting, or investigatory meeting that may lead to discipline. Employees may elect to have an employee or union witness present at any meeting with the Employer that may lead to discipline, so long as the witness is readily available, and its own behalf hereby waives the presence of the witness does not interfere with the operational needs of the Employer.
11.1.6 Employees and the Union Field Representative or advocate will be provided with a copy of any and all rights previously possessed by such employees to appeal any form written notice of disciplinary action action. The Employer will notify the Union in writing of any discharge or suspension within forty-eight (e.g. suspensions48) hours (exclusive of Saturdays, demotion or dischargeSundays, and holidays) 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 from the time frame provided by this procedure, or
3. of discharge or suspension The Employer retains 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 unilateral right to appeal it to arbitrationdetermine final resolution regardless of the meeting outcome.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have The Employer may take disciplinary action against any Employee in 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 unit only for just and sufficient cause. The specific acts for which discipline is being imposed Forms of disciplinary action include: written reprimand, suspension (with or without pay), demotion, and discharge. Discipline shall take into account the penalty proposed nature of the violation, the Employee’s record of performance and conduct, and any prior discipline. Discipline penalties 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 appropriate to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven offense, and, as such, forms of discipline noted above do not necessarily represent a systematic order to be followed.
(7a) days after the Employer has knowledge of the incident When it becomes known that the Employer intends an Employee may have committed an offense which could lead to impose discipline that may result in a suspension suspension, demotion, or discharge. Disciplinary actions resulting in , the Fire Chief shall conduct a reprimand shall be imposed within ten (10) days after pre-disciplinary conference prior to the Employer has knowledge presentation of proposed discipline to 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 actionTownship Administrator.
20.04 Before any discipline is imposed(b) Prior to an imposition of a proposed suspension, demotion, or discharge, the employee and his/her union representative Employee shall be entitled to a pre-disciplinary hearing within thirty (30) calendar days before the employee's department headTownship Administrator. If after this hearing The accused may be represented by counsel or a Union representative of his or her choosing. Following the department head decides to impose a penalty that does not involve presentation of all evidence and testimony, the Township Administrator shall determine what discipline, if any, is appropriate. In the event the Township Administrator imposes a suspension, demotion, or removal from servicedischarge, the department head Employee may impose appeal such action to the penaltyGrievance and Arbitration Process pursuant to Article 8, Grievance and Arbitration Procedure” hereof.
(c) Discovery: Upon written request by the Employee or his designated Union representative, all documents, written statements, recordings, and reports associated with the employee may grieve it. Where incident in question for which the department head seeks as a penalty the imposition of a suspension without payEmployee is being subjected to discipline / discharge shall, a demotion or removal from serviceif requested, he shall make such a recommendation be furnished 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 requesting party no later than seventy-two (72) hours prior to the local union president and xxxxxxx. 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 Township Administrator. If such discovery is exercised by the Union or Employee, the Union / Employee shall provide the Employer a list of witnesses and documents to be used in Section 20.04, subject to the Union's right to appeal it to arbitrationdisciplinary hearing at least twenty-four (24) hours in advance of such hearing.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01
48.1 This procedure shall only apply to all non-probationary employees covered by this Agreement. Discipline can include but is not limited to temporary reduction in pay or reduction in vacation balance.
48.2 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative at each step of the disciplinary procedure.
B. No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least five (5) work days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
C. 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 the result of the exercise of his rights under this procedure.
20.02 48.3 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 terms of this Agreement and the employee's ’s employment shall be terminated.
20.03 48.4 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 xxxxxxx. 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. 48.5 Where the department head appointing authority seeks as a penalty the imposition of a suspension without a 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 xxxxxxx. 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 procedurerequested.
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 48.6 Discipline shall not be implemented until either:
1. the The matter is settled, or
2. the The employee fails to file a grievance within the time frame provided by this procedure, or
3. the The penalty is upheld at Step 4 of the grievance procedure.
48.7 The Notice of Discipline served on the employee shall be accompanied by the arbitrator or written statement that:
1. The employee has 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.object by filing a grievance within five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 35.01 This procedure shall only apply to all non-probationary employees covered by this Agreement.
35.02 All employees shall have the following rights:
A. a) An employee shall be entitled to only representation by a Union representation representative at each step of the disciplinary procedure.
B. b) No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least seven (7) calendar days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
c) 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 the result of the exercise of his rights under this procedure.
20.02 35.03 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 terms of this Agreement and the employee's employment shall be terminated.
20.03 35.04 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 xxxxxxx. The Employer shall notify follow the employee and concepts of progressive discipline, unless the Union within seven (7offense(s) days after the Employer has knowledge are of the incident such a serious nature so that the Employer intends to impose progressive 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 actionis not appropriate.
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. 35.05 Where the department head appointing authority 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 xxxxxxx. 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 procedurerequested.
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 35.06 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 at Step 4 of the grievance procedure.
35.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1) the arbitrator or employee has 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.object by filing a grievance within seven
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 32.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
32.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative at his/her own expense 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 the result of the exercise of his rights under this procedure.
20.02 32.03 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 Employer's Rules and Regulations and the employee's employment shall be terminated.
20.03 32.04 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 xxxxxxx. 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. 32.05 Where the department head appointing authority seeks as a penalty the imposition of a suspension without pay, a demotion or removal from flow 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 requestrequested.
32.06 Discipline shall not be implemented without just cause, nor shall discipline be implemented without due process as is provided herein. Discipline may be imposed while a grievance is pending on either the issue of just cause or due process, or both.
32.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1. The employee has a right to object by filing a grievance within five (5) days of receipt of the Notice of Discipline (“days” shall be defined for the purposes of this Article the same way as in Section 33.02);
2. The Grievance Procedure provides for a hearing by an independent arbitrator as its final step; and
3. The employee is entitled to Union representation at every step of the proceeding.
32.08 The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority and the employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with a copy the employee for the purpose of discussing the matter prior to the local union president formal presentation of written charges. The specific nature of the matter will be addressed, and xxxxxxxthe appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that she/he is entitled to representation by the Union or an attorney during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within five (5) working days, prepare a formal Notice of Discipline and present it to the employee. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the employee grieves may choose to accept the proposed suspensiondiscipline or to appeal by filing a grievance with the appointing authority, demotion, or removal from service, the Mayor or designee shall convene a hearing at pursuant to Step 3 of the grievance procedureGrievance Procedure. The appeal must be filed at Step 3 within five (5) working days from receipt of the Notice of Discipline.
20.05 32.09 Unless otherwise mutually agreed in writing by the parties to extend time lines, a. failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
32.10 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative as a representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
32.11 The Union on behalf of all the employees covered by this Agreement and its own behalf 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have A. Members may be disciplined for violating Board of Education Policies and Procedures and Administrative rules and regulations governing the following rights:
A. An employee shall be entitled to only Union representation at each step management and control 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 Licking Heights Local School District in accordance with the provisions contained herein of Sections 3313.47; 3319.01; and 3313.20 R.C.
B. A building principal and/or assistant building principal shall have the employee's employment right to issue verbal warnings, verbal reprimands and written reprimands. The superintendent shall have the right to issue suspensions. A member shall not be issued a written reprimand or a suspension without the member being given prior written notification as to the nature of the offense(s) and having the opportunity to have a representative of his/her choice present.
C. The disciplinary sequence shall be terminatedas follows:
a. Verbal warning (Informal)
b. Verbal reprimand (Informal)
c. Written reprimand (Formal)
d. Suspension without pay not to exceed one (1) day (Formal)
e. Suspension without pay not to exceed five (5) days (Formal) The principles of progressive discipline shall be applied except when the severity of the offense merits moving to a higher level of discipline.
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 xxxxxxx. 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 D. Within ten (10) days after the Employer has knowledge of notification of an infraction, member must be formally notified of the incident. Notice of Disciplinary actions resulting in offense(s), a suspension or discharge shall conference must be issued within sixty (60) days after held with the Employer has knowledge of member, and any disciplinary action confirmed by the incident resulting in the proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and superintendent and/or his/her union representative designee. Noncompliance of this process shall result in the allegations being unfounded and future actions of the alleged offense(s) being dismissed without prejudice.
E. All disciplinary appeals 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 initiated in writing to the Mayor Board through the superintendent. Requests for appeal must be submitted to the superintendent no later than two (2) days following the formal action of the superintendent. The Board shall hear all appeals in Executive Session. The decision of the Board relative only to subsections C., c. d. and notice of such proposed discipline e. above shall be made in writing and served on the employee personally or by registered or certified mail, return receipt request, with a copy subject to the local union president and xxxxxxx. 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 procedurearbitration.
20.05 The Union on behalf of all F. All formal disciplinary actions shall be documented and placed in 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 Commissionmember's file.
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.
Appears in 2 contracts
Samples: Negotiated Contract, Negotiated Contract
Disciplinary Procedure. 20.01 Section 01. This procedure shall apply to all non-probationary employees covered by this Agreement.
Section 02. All the employees shall have the following rights:
A. An The employee shall be entitled to only representation by a Union representation representative at each step of the this disciplinary procedure.
B. No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least five (5) working days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
C. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect effect his hours, wages, or working conditions as a the result of the exercise of his rights under this procedure.
20.02 Section 03. An employee may resign following the service of a Notice notice of Disciplinediscipline. Any such resignation will be processed in accordance with the provisions contained herein Employer's rules and regulations and the employee's employment shall be terminated.
20.03 Section 04. 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 notice served on the employee shall contain a reference to dates, times and places, if possible, and shall also be given known to the local union president and xxxxxxx. 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 actionEmployer.
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 itSection 05. Where the department head appointing authority 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 registered, or certified mail, return receipt request, with a copy to the local union president and xxxxxxx. 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 procedurerequested.
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 Section 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 Arbitrator or a different penalty is determined by the arbitratorArbitrator.
Section 07. The notice of discipline served on the employee shall be accompanied by written statement that:
1. The employee has a right to object by filing a grievance within five (5) working days of receipt of the Notice of Discipline;
2. The grievance procedure provides for a hearing by an independent arbitrator as its final step;
3. The employee is entitled to representation by a Union Representative at every step of the proceeding.
Section 08. If a grievance is filed and pursued within the time frames provided below, orno penalty can be implemented, except as provided in paragraph 12, until the matter is settled or the arbitrator renders a determination.
4Section 09. The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority and the penalty employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to the formal presentation of written charges. The specific nature of the matter will be addressed, and the appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that he is entitled to representation by the Union or an attorney during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within ten (10) working days, prepare a formal notice of discipline and present it to the employee. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the appointing authority, pursuant to step 3 of the grievance procedure. The appeal must be filed at Step 3 within five (5) working days from receipt of the Notice of Discipline.
Section 10. A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the effected employee and the Union. All subsequent appeal rights shall be deemed waived.
Section 11. A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
Section 12. An employee may be suspended with pay at any time during the process if the appointing authority, at its sole discretion, determines the employee's continued presence on the job represents a potential danger to persons or property, or would interfere with the Employer's operations. A suspension without pay may be imposed after the hearing before the Mayor in Section 20.04, subject concurrent with or subsequent to the Union's right decision at step 3 of the grievance procedure.
Section 13. The Union on behalf of all the employees covered by this Agreement and on its own behalf hereby expressly agrees that this procedure shall be the sole and exclusive procedure to appeal it to arbitrationany form of disciplinary action (e.g., suspension, demotion, discharge).
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All Section 1. The disciplinary guidelines discussed below shall be applicable to all full-time permanent employees in the bargaining unit entitled to disciplinary rights, e.g., those who have satisfactorily completed one (1) year of probationary service. Full-time shall be defined as those employees in the bargaining unit working a 35 hour week for at least 42 consecutive weeks on paid status.
Section 2. The disciplinary guidelines discussed herein shall not be applicable to hourly employees of the bargaining unit.
Section 3. The employer may discipline any full-time employee for incompetence or misconduct. The employee must be notified by the College in writing of the charges and the date and location of the disciplinary hearing. The employee shall have the following rights:
A. An employee right to have union representation during this hearing. The hearing shall be entitled to only Union representation at each step held within thirty (30) calendar days 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 date of notification. The decision by 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 hearing officer 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 xxxxxxx. The Employer shall notify the employee and the Union issued within seven fourteen (714) work days after the Employer has knowledge conclusion of the incident that hearing. The forms of discipline shall include, but not be limited to, a written reprimand, a fine not to exceed $100, suspension without pay for a period not exceeding two (2) months, demotion or termination. For exceptional circumstances requiring immediate action by a college, including, but not limited to, potential injury to staff, faculty, students, or members of the Employer intends college community, or unreasonable disruption of college/theatre operations, an employee may be suspended without pay prior to impose discipline that may result in a suspension or dischargedisciplinary hearing pending a decision by the College. Disciplinary actions resulting in A penalty, such as those enumerated above issued by the College after a reprimand hearing, including termination, shall be imposed within ten (10) days after the Employer has knowledge effective upon issuance 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 actionsaid decision.
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 headSection 4. If after this hearing the department head decides to impose a penalty that does not involve a suspension, demotion, The Union or removal from service, the department head may impose the penalty, and the employee may grieve it. Where appeal 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 College’s decision to the Mayor and notice CUNY Civil Service Commission, or the Union may appeal the College’s decision to binding arbitration. An appeal to the CUNY Civil Service Commission shall be submitted in writing to the Secretary of such proposed discipline the Commission within thirty (30) calendar days of receipt of the College’s decision. A request for arbitration 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 xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 American Arbitration Association within thirty (30) calendar days of receipt of the grievance procedureCollege’s decision. A copy of said request for arbitration shall also be forwarded to CUNY’s Office of Legal Affairs.
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.
Appears in 2 contracts
Samples: Theatre Agreement, Theatre Agreement
Disciplinary Procedure. 20.01 31.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
31.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative at his/her own expense 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 the result of the exercise of his rights under this procedure.
20.02 31.03 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 Employer's Rules and Regulations and the employee's employment shall be terminated.
20.03 31.04 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 xxxxxxx. 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. 31.05 Where the department head appointing authority seeks as a penalty the imposition of a suspension without pay, a demotion or removal from flow 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 requestrequested.
31.06 Discipline shall not be implemented without just cause, nor shall discipline be implemented without due process as is provided herein. Discipline may be imposed while a grievance is pending on either the issue of just cause or due process, or both.
31.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1. The employee has a right to object by filing a grievance within five (5) days of receipt of the Notice of Discipline (days shall be defined for the purposes of this Article the same way as in Section 32.02;
2. The Grievance Procedure provides for a hearing by an independent arbitrator as its final step; and
3. The employee is entitled to Union representation at every step of the proceeding.
31.08 The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority and the employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with a copy the employee for the purpose of discussing the matter prior to the local union president formal presentation of written charges. The specific nature of the matter will be addressed, and xxxxxxxthe appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that she/he is entitled to representation by the Union or an attorney during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within five (5) working days, prepare a formal Notice of Discipline and present it to the employee. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the employee grieves may choose to accept the proposed suspensiondiscipline or to appeal by filing a grievance with the appointing authority, demotion, or removal from service, the Mayor or designee shall convene a hearing at pursuant to Step 3 of the grievance procedureGrievance Procedure. The appeal must be filed at Step 3 within five (5) working days from receipt of the Notice of Discipline.
20.05 31.09 Unless otherwise mutually agreed in writing by the parties to extend time lines, a. failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
31.10 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative as a representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
31.11 The Union on behalf of all the employees covered by this Agreement and its own behalf 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All Section 1. The disciplinary guidelines discussed below shall be applicable to all full-time employees in the bargaining unit entitled to disciplinary rights, e.g., those who have satisfactorily completed one (1) year of probationary service. Full-time shall be defined as those employees in the bargaining unit working a 35 hour week for at least 42 consecutive weeks on paid status.
Section 2. The disciplinary guidelines discussed herein shall not be applicable to hourly employees of the bargaining unit.
Section 3. The employer may discipline any full-time employee for incompetence or misconduct. The employee must be notified by the College in writing of the charges and the date and location of the disciplinary hearing. The employee shall have the following rights:
A. An employee right to have union representation during this hearing. The hearing shall be entitled to only Union representation at each step held within thirty (30) calendar days 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 date of notification. The decision by 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 hearing officer 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 xxxxxxx. The Employer shall notify the employee and the Union issued within seven fourteen (714) work days after the Employer has knowledge conclusion of the incident that hearing. The forms of discipline shall include, but not be limited to, a written reprimand, a fine not to exceed $100, suspension without pay for a period not exceeding two (2) months, demotion or termination. For exceptional circumstances requiring immediate action by a college, including, but not limited to, potential injury to staff, faculty, students, or members of the Employer intends college community, or unreasonable disruption of college/theatre operations, an employee may be suspended without pay prior to impose discipline that may result in a suspension or dischargedisciplinary hearing pending a decision by the College. Disciplinary actions resulting in A penalty, such as those enumerated above issued by the College after a reprimand hearing, including termination, shall be imposed within ten (10) days after the Employer has knowledge effective upon issuance 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 actionsaid decision.
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 headSection 4. If after this hearing the department head decides to impose a penalty that does not involve a suspension, demotion, The Union or removal from service, the department head may impose the penalty, and the employee may grieve it. Where appeal 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 College’s decision to the Mayor and notice CUNY Civil Service Commission, or the Union may appeal the College’s decision to binding arbitration. An appeal to the CUNY Civil Service Commission shall be submitted in writing to the Secretary of such proposed discipline the Commission within thirty (30) calendar days of receipt of the College’s decision. A request for arbitration 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 xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 American Arbitration Association within thirty (30) calendar days of receipt of the grievance procedureCollege’s decision. A copy of said request for arbitration shall also be forwarded to CUNY’s Office of Legal Affairs.
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.
Appears in 2 contracts
Samples: Theatre Agreement, Theatre Agreement
Disciplinary Procedure. 20.01 All employees shall have Whilst the Company does not wish to impose unreasonable rules of conduct on its employees, certain standards of behaviour are necessary to maintain good employment relations and discipline in the interest of all employees. The Company prefers that discipline be voluntary and self-imposed and in the great majority of cases this is how it works. However, from time to time, it may be necessary for the Company to take action towards individuals whose level of behaviour or performance is unacceptable. With the exception of the section entitled ‘alternative disciplinary sanction’, this disciplinary procedure is entirely non-contractual and does not form part of an employee’s contract of employment. Minor faults will be dealt with informally through counselling and training. However, in cases where informal discussion with the employee does not lead to an improvement in conduct or performance or where the matter is considered to be too serious to be classed as minor, for example, unauthorised absences, persistent poor timekeeping, sub-standard work performance, etc the following rights:
A. An employee shall disciplinary procedure will be entitled to only Union representation at each step used. At all stages of the disciplinary procedure.
B. An , an investigation will be carried out. The Company will notify the 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 in writing of the exercise allegations against him or her and will invite the employee to a disciplinary hearing to discuss the matter. The Company will provide sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case. This will include the provision of copies of written evidence, including witness statements, where appropriate. Having given the employee reasonable time to prepare their case, a formal disciplinary hearing will then take place, conducted by a manager, at which the employee will be given the chance to state his or her case, accompanied if requested by a trade union official, a trade union representative or a fellow employee of his rights under this procedure.
20.02 An or her choice. The employee may resign following must make every effort to attend the service of a Notice of Disciplinehearing. Any such resignation At the hearing, the employee will be processed allowed to set out their case and answer any allegations and will also be given a reasonable opportunity to ask questions, present evidence, call relevant witnesses and raise points about any information provided by witnesses. Please note that it is prohibited for employees to record (whether covertly or otherwise) the proceedings at the disciplinary hearing, and at any appeal hearing, without the express permission of the Company. If the Company discovers that an employee has done this covertly, he or she could be subject to further disciplinary action. Following the hearing, the Company will decide whether or not disciplinary action is justified and, if so, the employee will be informed in writing of the Company’s decision in accordance with the provisions contained herein stages set out below 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 notified 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 xxxxxxx. 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 his 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 xxxxxxx. 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 arbitrationagainst that decision. It should be noted that an employee's behaviour is not looked at in isolation but each incident of misconduct is regarded cumulatively with any previous occurrences.
Appears in 2 contracts
Samples: Apprenticeship Agreement, Employment Agreement
Disciplinary Procedure. 20.01 All Classified 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 Keystone Local School District may be coerced, intimidated, removed 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 disciplined for just cause. The specific acts following are guidelines: Any disciplinary meeting with an employee shall be conducted during the employee’s regular work day when possible. An employee at a disciplinary procedure may appear on his/her own behalf and at his/her sole discretion shall have the right to Union representation. Release time shall be granted to a representative who is a member of the bargaining unit if a representative is requested by the employee.
Step 1 Verbal Warning Verbal warnings should be discussed in private between the parties involved. Whenever an administrator intends to issue a verbal warning, he/she will inform the employee that the first step of the disciplinary procedure is being initiated.
Step 2 Written Reprimand A copy of the written reprimand shall be placed in the employee’s personnel file and given to the employee.
Step 3 Suspension Penalty of one (1) day suspension with loss of pay may be issued by the Superintendent. A copy of the suspension shall be placed in the employee’s personnel file and given to the employee.
Step 4 3 Day Suspension Penalty of up to three (3) days suspension with loss of pay may be issued by the Superintendent. A copy of the suspension shall be placed in the employee’s personnel file and given to the employee.
Step 5 Termination of Employment Termination of employment contract shall be by the Board of Education. A copy of the notice of termination shall be placed in the terminated employee’s personnel file. A copy of the notice of termination shall be given to the Board of Education and to the terminated employee. Prior to any suspension and/or termination, the employee shall be issued a Xxxxxxxxxx letter and a Xxxxxxxxxx meeting with the Superintendent. A progressive discipline procedure shall be used in dealing with employees. Depending upon the severity of the offense/violation for which discipline is being imposed and deemed necessary, however, disciplinary action may be initiated at 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 xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge discretion of the incident that Superintendent or his designee at any step. Twenty-four (24) months following 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 imposedwritten reprimand, the employee may request that the Superintendent and hishe/her union representative shall be entitled to a pre-disciplinary hearing before she review 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 xxxxxxx’s job performance. If the employee grieves has not received any additional discipline within twenty-four (24) months from the proposed suspension, demotion, or removal from serviceinfraction, the Mayor or designee reprimand shall convene a hearing at be removed from the employee’s personnel file. Once removed, written reprimands cannot be used in any future disciplinary actions. OAPSE Representative will be available on the request of employee. All discipline involving Steps 2 through 5 shall be appealable through the grievance procedure. The disciplined employee shall appeal said discipline within six (6) working days of the discipline to Step 3 2 of the grievance procedure.
20.05 The Union on behalf . This article shall supersede the rights granted to employees under Chapter 3319 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 Ohio Revised Code. Nothing herein shall not be implemented until either:
1. preclude the matter is settled, or
2. the Administration from determining what constitutes an offense for which an 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 arbitrationdisciplined.
Appears in 2 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 10.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
10.02 All employees shall have the following rights:
A. a) An employee shall be entitled to only Union union representation at each step of the disciplinary procedure.
B. 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 the result of the exercise of his rights under this procedure.
20.02 10.03 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 herein, and the employee's employment shall be terminated.
20.03 10.04 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 Local Union President and xxxxxxx. 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 actionXxxxxxx.
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. 10.05 Where the department head appointing authority 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 requestrequested, with a copy to the local Local Union President and Xxxxxxx.
10.06 A suspension without pay of five (5) days or less may be imposed concurrent with receipt of the notice of discipline. In such cases, the employee may thereafter exercise his right to appeal such discipline as otherwise provided herein.
10.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
a) the employee has a right to object by filing a grievance within five (5) working days of receipt of the Notice of Discipline;
b) the Grievance Procedure provides for a hearing by an independent arbitrator as its final step; and
c) the employee is entitled to union president representation at every step of the proceeding.
10.08 The following administrative procedures shall apply to disciplinary actions:
a) The appointing authority and the employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good-faith effort to settle the matter at the earliest possible time. The appointing authority shall hold an informal meeting with the employee and his representative for the purpose of discussing the specific nature of the matter prior to the formal presentation of written charges. The specific nature of the matter will be addressed, and the appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that he is entitled to representation by the Union.
b) If a mutually agreeable settlement is not reached at this informal meeting, the appointing authority will, within five (5) workings days, prepare a formal Notice of Discipline and present it to the employee and xxxxxxx. If The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
c) Upon receipt of the Notice of Discipline, the employee grieves may choose to accept the proposed suspensiondiscipline or to appeal by filing a grievance with the appointing authority, demotionpursuant to Step 3 of the Grievance Procedure. The appeal must be filed at Step 3 within five (5) working days from the receipt of the Notice of Discipline.
10.09 A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the affected employee and Union. All subsequent appeal rights shall be deemed waived.
10.10 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to a union representative. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
10.11 An employee may be suspended with pay at any time during the process if the appointing authority, at its discretion, determines the employee's continued presence on the job represents a potential danger to persons or property, or removal from service, would interfere with the Mayor or designee shall convene a hearing employer's operations. A suspension without pay may be imposed subsequent to decision at Step 3 of the grievance procedureGrievance Procedure.
20.05 10.12 The Union on behalf of all the employees covered by this Agreement and its own behalf behalf, hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensionssuspension, 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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees 7.1 The Superintendent shall have the right to discipline or discharge an employee for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of the rules of the Board of Education, or any other failure of good behavior, or any other acts of misfeasance, malfeasance or nonfeasance. Disciplinary action will be initiated within twenty (20) working days, following rights:actual knowledge by the Superintendent, of the events upon which the disciplinary action is based.
A. An employee 7.2 All written reprimands, suspensions for any period of time, disciplinary demotions and discharges may be appealed through the grievance procedure commencing with the filing of a written grievance at Step 3 -- the Superintendent's level. The grievance shall be entitled to only Union representation at each step filed within ten (10) calendar days of the date the disciplinary procedureaction is Imposed by the Superintendent or his representative.
B. An employee 7.3 All disciplinary grievances, except those arising out of a written reprimand shall be subject to the arbitration provisions of this Agreement. The grievance and arbitration provisions of this Agreement shall be the sole and exclusive method of appealing a disciplinary action. Written reprimands shall not be coerced, intimidated, taken to arbitration.
7.4 An employee may request and shall have the right to have a union xxxxxxx or suffer officer present at any reprisals either directly investigative hearing or indirectly that conference when the employee may adversely affect his hours, wages, or working conditions be subject to disciplinary action as a result of the exercise investigation. No hearing or conference may be delayed more than twenty-four (24) hours as a result of a request for representation.
7.5 Nothing in this Agreement shall restrict the right of the Board to impose any penalty, including discharge at any time prior to a grievance or arbitration hearing
7.6 Absence from duty without proper notice for three (3) consecutive working days shall be deemed a resignation and shall not be subject to the grievance and arbitration procedures of this Agreement. The Board may waive the automatic resignation upon acceptance of the employee's explanation of his rights under this procedureabsence.
20.02 An employee may resign following the service 7.7 Copies of a Notice of Discipline. Any such resignation disciplinary actions will be processed in accordance with provided to the provisions contained herein Union President and the employee's employment shall be terminated.
20.03 Discipline , and such action 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 xxxxxxx. 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 no later than 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 actionBoard's decision.
20.04 Before any discipline is imposed, 7.8 Reprimands which are accepted by the employee and his/her union representative are not appealed through the grievance procedure shall be entitled to a pre-disciplinary hearing before removed from the employee's department head. If personnel file after this hearing three (3) years from the department head decides to impose a penalty that does not involve a suspensiondate of the reprimand, demotionprovided no disciplinary action, or removal from serviceincluding additional reprimands, the department head may impose the penalty, and has been taken against the employee may grieve it. Where during 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 xxxxxxx. 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 procedurethree (3) year period.
20.05 The Union on behalf of all 7.9 All other actions greater than a written reprimand will be removed from 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 employee's file after two (e.g. suspensions2) years. LOCAL 3136, demotion or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:
OHIO COLJNCIL8, AFSCME AND XXXXXXX BOARD OF EDUCATION AGREEMENT EFFECTIVE JULY 1. the matter is settled, or
2. the employee fails to file a grievance within the time frame provided by this procedure2017 THROUGH JUNE 30, 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.2020
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Disciplinary Procedure. 20.01 All employees shall have The Employer may take disciplinary action against any Employee in 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 unit only for just and sufficient cause. The specific acts for which discipline is being imposed Forms of disciplinary action include: written reprimand, suspension (with or without pay), demotion, and discharge. Discipline shall take into account the penalty proposed nature of the violation, the Employee’s record of performance and conduct, and any prior discipline. Discipline penalties 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 appropriate to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven offense, and, as such, forms of discipline noted above do not necessarily represent a systematic order to be followed.
(7a) days after the Employer has knowledge of the incident When it becomes known that the Employer intends an Employee may have committed an offense which could lead to impose discipline that may result in a suspension suspension, demotion, or discharge. Disciplinary actions resulting in , the Fire Chief shall conduct a reprimand shall be imposed within ten (10) days after pre-disciplinary conference prior to the Employer has knowledge presentation of proposed discipline to 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 actionTownship Administrator.
20.04 Before any discipline is imposed(b) Prior to an imposition of a proposed suspension, demotion, or discharge, the employee and his/her union representative Employee shall be entitled to a pre-disciplinary hearing within thirty (30) calendar days before the employee's department headTownship Administrator. If after this hearing The accused may be represented by counsel or a Union representative of his or her choosing. Following the department head decides to impose a penalty that does not involve presentation of all evidence and testimony, the Township Administrator shall determine what discipline, if any, is appropriate. In the event the Township Administrator imposes a suspension, demotion, or removal from servicedischarge, the department head Employee may impose appeal such action to the penaltyGrievance and Arbitration Process pursuant to Article 8, Grievance and Arbitration Procedure” hereof.
(c) Discovery: Upon written request by the Employee or his designated Union representative, all documents, written statements, recordings, and reports associated with the employee may grieve it. Where incident in question for which the department head seeks as a penalty the imposition of a suspension without payEmployee is being subjected to discipline / discharge shall, a demotion or removal from serviceif requested, he shall make such a recommendation be furnished 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 requesting party no later than seventy-two (72) hours prior to the local union president and xxxxxxx. 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 Township Administrator. If such discovery is exercised by the Union or Employee, the Union / Employee shall provide the Employer a list of witnesses and documents to be used in Section 20.04, subject to the Union's right to appeal it to arbitrationdisciplinary hearing at least twenty- four (24) hours in advance of such hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 Section 01. This procedure shall apply to all non-probationary employees covered by this Agreement.
Section 02. All the employees shall have the following rights:
A. An The employee shall be entitled to only representation by a Union representation representative at each step of the this disciplinary procedure.
B. No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least five (5) working days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
C. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect effect his hours, wages, or working conditions as a the result of the exercise of his rights under this procedure.
20.02 Section 03. An employee may resign following the service of a Notice notice of Disciplinediscipline. Any such resignation will be processed in accordance with the provisions contained herein Employer's rules and regulations and the employee's employment shall be terminated.
20.03 Section 04. 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 notice served on the employee shall contain a reference to dates, times and places, if possible, and shall also be given known to the local union president and xxxxxxx. 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 actionEmployer.
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 itSection 05. Where the department head appointing authority seeks as a penalty the imposition of a suspension without pay, a demotion 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 registered, or certified mail, return receipt request, with a copy to the local union president and xxxxxxx. 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 procedurerequested.
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 Section 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 Arbitrator or a different penalty is determined by the arbitratorArbitrator.
Section 07. The notice of discipline served on the employee shall be accompanied by written statement that:
1. The employee has a right to object by filing a grievance within five (5) working days of receipt of the Notice of Discipline;
2. The grievance procedure provides for a hearing by an independent arbitrator as its final step;
3. The employee is entitled to representation by a Union Representative at every step of the proceeding;
Section 08. If a grievance is filed and pursued within the time frames provided below, orno penalty can be implemented, except as provided in paragraph 12, until the matter is settled or the arbitrator renders a determination.
4Section 09. The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority and the penalty employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to the formal presentation of written charges. The specific nature of the matter will be addressed, and the appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that he is entitled to representation by the Union or an attorney during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within ten (10) working days, prepare a formal notice of discipline and present it to the employee. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the appointing authority, pursuant to step 3 of the grievance procedure. The appeal must be filed at Step 3 within five (5) working days from receipt of the Notice of Discipline.
Section 10. A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the effected employee and the Union. All subsequent appeal rights shall be deemed waived.
Section 11. A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
Section 12. An employee may be suspended with pay at any time during the process if the appointing authority, at its sole discretion, determines the employee's continued presence on the job represents a potential danger to persons or property, or would interfere with the Employer's operations. A suspension without pay may be imposed after the hearing before the Mayor in Section 20.04, subject concurrent with or subsequent to the Union's right decision at step 3 of the grievance procedure.
Section 13. The Union on behalf of all the employees covered by this Agreement and its own behalf, hereby expressly agrees that this procedure shall be the sole and exclusive procedure to appeal it to arbitrationany form of disciplinary action (e.g., suspension, demotion, discharge).
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An employee Employees shall be entitled disciplined for just cause. Employees shall not be disciplined without having the opportunity to only have their Union representation at each step representative present. However, in the case of counseling between the Employer and the Employee, verbal reprimands, or where immediate action is called for, it is recognized by the parties that the presence of the disciplinary procedureUnion representative may not always be possible. Disciplinary action shall consist of the following: verbal reprimand, written reprimand, suspension, last chance agreement, and/or dismissal.
B. An Disciplinary action may include, but not be limited to these items: violation of work rules, incompetency, inefficiency, dishonesty, drunkenness, gross immoral conduct, gross insubordination, discourteous treatment of the public, neglect of duty, and any other failure of good behavior, while at work or if related to work. Employees shall only be disciplined for just cause.
C. When an employee has had no discipline for the period of twelve (12) continuous months, any record of a verbal reprimand on the same offense shall cease to have force and effect for disciplinary purposes; any written reprimand shall cease to have force and effect after eighteen (18) months; any suspension shall cease to have force and effect after twenty four (24) months. Any discipline on the same type of offense shall continue the discipline in effect and/or, at the discretion of management, lead to further progressive discipline.
D. The Employer shall not be coerced, intimidated, arbitrary nor capricious in issuing disciplinary action to the employee.
SECTION 2. The parties recognize that some offenses may be considered major offenses and require immediate action by the Employer. In the event of any immediate suspension or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions dismissal as a result of any major offense(s), the exercise of his rights under this procedure.
20.02 An employee may resign following the service of parties shall schedule 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 xxxxxxx. The Employer shall notify the employee and the Union full hearing within seven five (75) days after of the Employer has event, or knowledge of the incident that the Employer intends to impose discipline that may result in a suspension event, or dischargeschedule said hearings, as soon as possible thereafter. Disciplinary actions resulting in a reprimand Evidence and testimony shall be imposed within ten (10) days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting presented in a suspension or discharge this hearing, and any decisions rendered shall be issued within sixty (60) days after based upon the Employer has knowledge of the incident resulting evidence as presented 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, demotionhearing, or removal from service, mitigated as equity suggests under 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 xxxxxxx. 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 procedurefacts.
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.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 A. The intent and purpose of this Article is to provide for progressive disciplinary action. Disciplinary action may be imposed upon an employee only for failure to fulfill the employee’s job responsibilities or for improper conduct while on the job. Disciplinary action may only be taken for criminal conduct while not on the job if the conduct damages the District’s reputation, prevents the grievant from reporting to work due to incarceration, or if the employee is proved to be unsuitable for work due to the specific nature of the criminal misconduct. All employees shall have the following rights:
A. An employee disciplinary action shall be entitled to only Union representation at each step of the disciplinary procedurefor just cause.
B. An employee In any case where disciplinary action is taken by the Employer, the following procedure may be followed:
1. Discussion of problem
2. Oral reprimand
3. Written reprimand included in personnel file
4. Suspension without pay
5. Dismissal Nothing in the aforementioned procedure shall not prevent the Employer from taking immediate and appropriate disciplinary action, should it be coercedrequired by the circumstances, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of with proper notice to the exercise of his rights under this procedureUnion.
20.02 An employee may resign following the service of C. Notification within a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment reasonable time 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 xxxxxxx. 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 Xxxxxxx prior to impose discipline that any disciplinary action taken against any member which may result in any official entries being added to the member’s personnel file. The employee and Union shall be furnished with a suspension copy of any entry made into the file. A notation of oral reprimand by date and subject only may be placed in the file.
D. No employee shall be requested to make any written or dischargeoral statement pertaining to any alleged misconduct without first having the opportunity of discussing it with the Union representative. Disciplinary actions resulting in a The employee will have at least twenty-four (24) hours to submit any written statement.
E. Should it become necessary to reprimand any employee, the reprimand shall be imposed within ten (10) days after given so as not to cause embarrassment to the employee before other employees or the public.
F. The Employer has knowledge may modify a disciplinary action except that the severity of the incidentaction shall not be increased but may be lessened.
G. Upon request, an employee’s official personnel file may be reviewed. Notice of Disciplinary actions resulting in a suspension or discharge Such request shall be issued complied with within sixty two (602) days after the Employer has knowledge business days. After one (1) year of the incident resulting satisfactory service, no disciplinary matters appearing therein shall be used in the proposed any subsequent disciplinary action.
20.04 Before any discipline is imposed, the H. Disciplinary action which shall result in suspension or discharge of an employee and his/her union representative shall be entitled immediately subject 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 xxxxxxx. 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 procedureGrievance Procedure.
20.05 The Union on behalf of all I. Among reasons for dismissal are 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 following (e.g. suspensions, demotion or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:inclusive):
1. the matter is settled, orUnsatisfactory or incompetent work performance or neglect of duty.
2. the employee fails to file a grievance within the time frame provided by this procedure, orPersonal misconduct.
3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitratorPersistent violation of policies, 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 arbitrationregulations and laws.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 35.01 This procedure shall only apply to all non-probationary employees covered by this Agreement.
35.02 All employees shall have the following rights:
A. a) An employee shall be entitled to only representation by a Union representation representative at each step of the disciplinary procedure.
B. b) No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least seven (7) calendar days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
c) 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 the result of the exercise of his rights under this procedure.
20.02 35.03 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 terms of this Agreement and the employee's employment shall be terminated.
20.03 35.04 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 xxxxxxx. The Employer shall notify follow the employee and concepts of progressive discipline, unless the Union within seven (7offense(s) days after the Employer has knowledge are of the incident such a serious nature so that the Employer intends to impose progressive 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 actionis not appropriate.
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. 35.05 Where the department head appointing authority 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 requestrequested.
35.06 Discipline shall not be implemented until either:
1) the matter is settled, with a copy to the local union president and xxxxxxx. If or
2) the employee grieves fails to file a grievance within the proposed suspensiontime frame provided by this procedure, demotion, or removal from service, or
3) the Mayor or designee shall convene a hearing penalty is upheld at Step 3 4 of the grievance procedure.
20.05 35.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1) the employee has a right to object by filing a grievance within seven (7) calendar days of receipt of the Notice of Discipline;
2) the Grievance Procedure provides for a hearing by an independent arbitrator as its final step;
3) the employee is entitled to representation by a Union representative at every step of the proceeding;
4) only employees who have been disciplined in a manner that results in a loss of pay or benefits may appeal such disciplinary action through the grievance procedure. Verbal and written reprimands are only grievable to the second step of the grievance procedure. After exhaustion of the second step, the employee may write a letter of rebuttal within 10 (ten) calendar days that will be attached to the discipline.
35.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be implemented, except as provided in paragraph .12, until the matter is settled or a Step 4 determination has been reached.
35.09 The following administrative procedures shall apply to disciplinary actions:
a) The appointing authority, the employee involved, and the Union are encouraged to settle disciplinary matters informally. All parties shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to the formal presentation of written charges. The specific nature of the matter will be addressed, and the appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that she/he is entitled to representation by the Union during the initial discussion.
b) If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within seven (7) calendar days, prepare a formal Notice of Discipline and present it to the employee and the Union. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
c) Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the appointing authority, pursuant to Step 3 of the Grievance Procedure. The appeal must be filed at Step 3 within seven (7) calendar days from receipt of the Notice of Discipline.
35.10 A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
35.11 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or to decline any such representation. In the event any employee declines Union representation, the Union shall have a right to be present. A settlement entered into by an employee or the Union on his behalf, shall be final and binding on all parties. The Union shall be notified of all settlements.
35.12 An employee may be suspended with pay at any time during the process if the appointing authority, at its sole discretion, determines the employee's continued presence on the job represents a potential danger to persons or property, or would interfere with the Employer's operations. A suspension without pay may be imposed concurrent with or subsequent to the decision at Step 3 of the Grievance Procedure.
35.13 The Union on behalf of all the employees covered by this Agreement and its own behalf 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 35.14 In the administration of a discipline, the City will not be implemented until either:
1. the matter is settledtake into account or consideration any prior infractions which occurred more than twelve (12) months previously for a counseling, or
2. the employee fails to file a grievance within the time frame provided by this procedureverbal reprimand, 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.written reprimand; more than eighteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All 11.01 Non-probationary 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 subject to any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result form 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 discipline except for just cause. The specific acts for which discipline .
11.02 When it is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain determined that a reference to datesdisciplinary matter requires an investigation, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify a hearing with the employee and an Area or Association Representative shall be formally opened and then suspended for investigation. The Association will be notified at the Union within seven (7) days after time the Employer has knowledge of case is suspended when the incident that disciplinary hearing shall take place. This notice will allow the Employer intends Association to impose do its investigation into the matter before discipline is issued. Any investigatory meeting that may result in a suspension discipline, shall not be held without an Area or dischargeAssociation Representative present. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after Notwithstanding 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 imposedabove, should an employee choose to decline Association representation during an investigation, the employee and must do so in writing.
11.03 Before any employee shall be required to make any written statement or written reply pertaining to any alleged misconduct on his/her union representative part, the matter shall first be entitled to a pre-disciplinary hearing before discussed between 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 penaltyAssociation representative, and the Supervisor. The employee may grieve it. Where shall have two (2) working days after such meeting to make 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 requestwritten statement, with a copy to the local union president Association representative if the employee so desires.
11.04 An Area Representative or Association representative shall be present at the time disciplinary action is imposed and xxxxxxxshall represent the employee at all levels of disciplinary proceedings. Should an employee choose to decline Association representation during the disciplinary procedure, the employee must do so in writing. In accordance with Section 11. 08, disciplines shall be issued in a timely manner in order to provide employees an opportunity to correct their behavior.
11.05 If the employee grieves the proposed suspensionAssociation determines to appeal any disciplinary action, demotion, or removal from service, the Mayor or designee it shall convene file a hearing at Step 3 of grievance in accordance with Article 10. All disciplinary actions shall be subject to the grievance procedure. However, oral and written reprimands may only be grieved up to Step 3, which will be the final step. To maintain employment, each Employee must retain security clearance from Xxxxx County. Any loss in security clearance will result in an employee being placed on unpaid administrative leave for up to 30 days if revocation of security clearance is temporary. If revocation of security clearance is permanent then the employee’s employment will be immediately terminated. A written copy of the Xxxxx County’s security clearance policy and any subsequent amendments shall be provided to the Association.
20.05 The Union on behalf 11.06 At the time of discipline, all incident and other investigatory reports then available shall be included with the disciplinary papers when served, with copies to be furnished to the Association. Upon mutual agreement, statements provided by other employees covered by this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees related to appeal any form of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commissionan incident shall be redacted.
20.06 Discipline shall not 11.07 Disciplinary action may be implemented until either:imposed upon an employee for failure to fulfill the employee's job responsibilities or for improper conduct while on the job, or for off the job conduct, which is tied to his or her employment, that tends to bring the Employer into public disrepute.
11.08 The intent and purpose of the following is to provide for progressive disciplinary action.
1. the matter is settled, orOral Reprimand;
2. the employee fails to file a grievance within the time frame provided by this procedure, or
Written Reprimand; 3. the penalty is upheld by the arbitrator Suspension, 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.demotion
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees A. An employee may be disciplined for incompetency, inefficiency, dishonesty, alcohol and substance abuse, immoral conduct, insubordination, discourteous treatment of the public, violation of the rules, neglect of duty, any failure of good behavior, or any illegal acts in office.
B. Possible disciplinary actions are as follows: oral or written reprimand; reduction of pay to the next lower step within the pay range; suspension up to thirty (30) calendar days; demotion; or dismissal.
C. Except when Section (F.) applies, no employee shall be disciplined other than an oral or written reprimand without a hearing by the Business Executive or his/her designated representative unless the employee specifically waives it in writing. At this hearing, for Local 232 bargaining unit employees, the employee shall have the following rights:
A. An employee shall right to be entitled to only represented by the union including the Union representation at each step President. With the exception 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 discipline arising as a result of an employee's performance evaluation, the exercise charging supervisor must make a request for a pre- disciplinary hearing not later than twenty (20) working days from the date upon which she/he becomes aware of his rights under this procedure.
20.02 An employee may resign following the service precipitating incident(s). Notice of a Notice request for a pre-disciplinary hearing must be forwarded to the Union, including the Union President. It is the responsibility of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and official hearing 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 charges to advise the employee shall contain a reference of her/his right to dates, times and places, if possible, and shall also be given representation before the date of the hearing. At least 3 days prior to the local union president and xxxxxxx. The Employer shall notify hearing the employee and the Union within seven (7) days after the Employer has knowledge shall be given written notice of the incident hearing and all documentation related to the charges. The hearing shall precede the discipline, unless the seriousness of the circumstances requires that the Employer intends discipline be administered prior to impose discipline that the hearing. The Board will render a written disciplinary decision within fifteen (15) working days of the disciplinary hearing, unless the Board requires additional time within which to render its decision. If additional time is required, the Board shall inform the Union and the employee in writing of the specific time required and the reason for the additional time. When an employee is to be disciplined, the employee shall be advised in writing of the reason. For classified employees, a "Notice of Disciplinary Action, Separation or Lay- Off' is used to notify her/him concerning lay- off, suspension, reduction, discharge, reprimand, or separation during the probationary period. The reason for the action and the effective time and date are given on the form. A copy of the notice of disciplinary action for all classified employees is sent to the Civil Service Commission. For unclassified employees, notice of disciplinary action, separation, or layoff shall be delivered by hand or by certified mail. The reason for the action and the effective time and date shall be noted in the letter. Wherever possible an employee may result be given an opportunity to improve the quality of her/his services.
D. A classified employee may appeal a dismissal, demotion, or reduction in pay or a suspension or discharge. Disciplinary actions resulting in excess of three (3) days, to the Civil Service Commission by filing a reprimand shall be imposed request in writing within ten (10) days after the Employer has knowledge effective date of the incidentdisciplinary action. Notice Upon an appeal to the Civil Service Commission the board shall send any pre-disciplinary letters, hearing summary or Board actions at the time of Disciplinary actions resulting notification of such appeal. A suspension of three (3) days or less is subject to appeal to Step 3 under the Grievance Procedure. The appeal must be submitted within ten (10) days of the notice of the disciplinary action.
E. An employee may appeal a dismissal, demotion, reduction in pay, or a suspension or discharge shall be issued to Step 3 of the Grievance Procedure by filing a grievance in writing within sixty ten (6010) days after the Employer has knowledge effective date of the incident resulting in disciplinary action to the proposed disciplinary actionSuperintendent or to the General Counsel.
20.04 Before any discipline F. If an employee is imposedabsent without leave for three (3) consecutive work days, because the employee has not reported for work or fails to notify and get prior approval for her/his absence from her/his supervisor, the employee and his/her union representative shall be entitled to a pre-disciplinary hearing before the employee's department headdeemed dismissed. If within ten (10) days after this hearing the department last day of actual work prior to the unexplained absence the employee should furnish to the appropriate branch head decides to impose a penalty that does not involve a suspension, demotion, or removal from servicesatisfactory explanation of absence, the department head entry of dismissal may impose be set aside. For classified employees, this action must also be approved by 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 xxxxxxx. 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 G. Before a written disciplinary communication is settledinserted into an employee's personnel file, or
2. the employee fails will have an opportunity to read the communication and attach her/his own words. An employee may examine her/his personnel file. An employee may challenge any letter, note of reprimand contained in the employee's personnel file which the employee believes is untrue or inaccurate and may place a grievance within written denial or explanation to such letter, note or reprimand in the file. If such letter, note or reprimand is false, it shall be removed from the file.
H. As it pertains to time frame provided by lines in this procedureArticle, or
3working days are defined as Monday through Friday, not including Board recognized holidays. As it pertains to the penalty is upheld by the arbitrator or a different penalty is determined by the arbitratorfinal disposition, or
4. the penalty may be imposed fifteen (15) working days begins one (1) working day after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitrationpre-disciplinary hearing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have In any instance in which the following rights:
A. An employee Appointing Authority/Department Head seeks to discipline an employee, a written notice of discipline shall be entitled to only Union representation at each step served upon the employee. Service 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 xxxxxxx. 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 personal service, if possible. If such service cannot be effectuated by personal service, it shall be made by registered or certified mail, return receipt requestrequested. The notice shall contain the reason(s) for the discipline including a description of the alleged acts of incompetence and/or misconduct and the dates, with a times and places such acts occurred. Said notice shall also include the penalty the Employer is seeking. A copy of the notice shall be served concurrently upon the Unit President. An employee who is suspended without pay or is subject to the local union president termination shall be allowed to waive Steps one (1) and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 two (2) of the grievance procedure.
20.05 procedure and proceed to a pre-arbitration conference with the Director of Human Resources. This conference may only be waived by mutual agreement of the County and the employee (or CSEA). The Union on behalf conference shall be requested by filing a written request with the Director of all Human Resources within ten (10) working days of the employees covered by this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees employee's receipt of the notice of discipline. Failure to appeal any form request a conference within ten (10) working days shall constitute a waiver of disciplinary action the right to arbitrate the discipline. The conference will be held no later than ten (e.g. suspensions, demotion or discharge10) to any Civil Service Commission.
20.06 Discipline working days after receipt of the request. The Director of Human Resources shall render a written determination following the conference within ten (10) working days of the conference. An employee shall not be implemented until either:
1disciplined for acts which occurred more than eighteen (18) months prior to the notice of discipline except where the incompetence or misconduct complained of and described in the charges would constitute a crime pursuant to the laws of the United States or the State of New York. No employee shall be required to submit to an interrogation by the matter Employer if the information sought is settled, or
2. to be used against the employee fails in a disciplinary proceeding, to file submit to an interrogation after a grievance within notice of discipline has been served on such employee or to submit to an interrogation after an employee’s resignation has been requested, unless the time frame provided by this procedureemployee is notified in advance that they have the right to have union representation during such proceedings. In no event, or
3shall the employee be suspended for more than ten (10) working days. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitrator, or
4. the penalty may Any suspension beyond ten (10) working days must be imposed after the hearing before the Mayor in Section 20.04with pay, subject to a final decision of an arbitrator. In the Union's right event the Employer terminates an employee’s employment, and said termination is subject to appeal it a demand for arbitration, the employee shall be restored to arbitrationfull pay status upon the sixty-first (61st) calendar day after termination, pending the outcome of the arbitrator’s final decision and award. However, in the event the employee causes unreasonable delay in connection with the arbitration proceeding, the Employer shall be relieved of the obligation to restore the employee to the payroll during the pendency of the arbitration proceeding.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All Classified 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 Keystone Local School District may be coerced, intimidated, removed 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 disciplined for just cause. The specific acts following are guidelines: Any disciplinary meeting with an employee shall be conducted during the employee’s regular work day when possible. An employee at a disciplinary procedure may appear on his/her own behalf and at his/her sole discretion shall have the right to Union representation. Release time shall be granted to a representative who is a member of the bargaining unit if a representative is requested by the employee.
Step 1 Warning A copy of the warning shall be placed in the employee’s personnel file and given to the employee.
Step 2 Written Reprimand A copy of the written reprimand shall be placed in the employee’s personnel file and given to the employee.
Step 3 Suspension Penalty of one (1) day suspension with loss of pay may be issued by the Superintendent. A copy of the suspension shall be placed in the employee’s personnel file and given to the employee.
Step 4 3 Day Suspension Penalty of up to three (3) days suspension with loss of pay may be issued by the Superintendent. A copy of the suspension shall be placed in the employee’s personnel file and given to the employee.
Step 5 Termination of Employment Termination of employment contract shall be by the Board of Education. A copy of the notice of termination shall be placed in the terminated employee’s personnel file. A copy of the notice of termination shall be given to the Board of Education and to the terminated employee. Prior to any suspension and/or termination, the employee shall be issued a Xxxxxxxxxx letter and a Xxxxxxxxxx meeting with the Superintendent. A progressive discipline procedure shall be used in dealing with employees. Depending upon the severity of the offense/violation for which discipline is being imposed and deemed necessary, however, disciplinary action may be initiated at 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 xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge discretion of the incident that Superintendent or his designee at any step. Twenty-four (24) months following 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 imposedwritten reprimand, the employee may request that the Superintendent and hishe/her union representative shall be entitled to a pre-disciplinary hearing before she review 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 xxxxxxx’s job performance. If the employee grieves has not received any additional discipline within twenty-four (24) months from the proposed suspension, demotion, or removal from serviceinfraction, the Mayor or designee reprimand shall convene a hearing at be removed from the employee’s personnel file. Once removed, written reprimands cannot be used in any future disciplinary actions. OAPSE Representative will be available on the request of employee. All discipline involving Steps 2 through 5 shall be appealable through the grievance procedure. The disciplined employee shall appeal said discipline within six (6) working days of the discipline to Step 3 2 of the grievance procedure.
20.05 The Union on behalf . This article shall supersede the rights granted to employees under Chapter 3319 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 Ohio Revised Code. Nothing herein shall not be implemented until either:
1. preclude the matter is settled, or
2. the Administration from determining what constitutes an offense for which an 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 arbitrationdisciplined.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Disciplinary Procedure. 20.01 All employees 7.1 The Superintendent shall have the right to discipline or discharge an employee for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, 'neglect ofduty, violation of the rules of the 80ard of Education, or any other failure of good behavior, or any other acts of misfeasance, malfeasance or nonfeasance. Disciplinary action will be initiated within twenty (20) working days, following rights:actual knowledge by the Superintendent, of the events upon which the disciplinary action is based.
A. An employee 7.2 All written reprimands, suspensions for any period of time, disciplinary demotions and discharges may be appealed through the grievance procedure commencing with the filing of a written grievance at Step 3 - - the Superintendent's level. The grievance shall be entitled to only Union representation at each step filed within ten (10) calendar days of the date the disciplinary procedureaction is imposed by the Superintendent or his representative.
B. An employee 7.3 All disciplinary grievances, except those arising out of a written reprimand shall be subject to the arbitration provisions of this Agreement. The grievance and arbitration provisions of this Agreement shall be the sole and 8xclusivemethod of appealing a disciplinary action. Written reprimands shall not be coerced, intimidated, taken to arbitration.
7.4 An employee may request and shall have the right to have a union xxxxxxx or suffer officer present at any reprisals either directly investigative' hearing or indirectly that conference when the employee may adversely affect his hours, wages, or working conditions be subject to disciplinary action as a result of the exercise investigation. No hearing or conference may be delayed more than twenty-four (24) hours as a result of a request for representation.
7.5 Nothing in this Agreement shall restrict the right of the Board to impose any penalty, including discharge at any time prior to a grievance or arbitration hearing
7.6 Absence from duty without proper notice for three (3) consecutive working days shall be deemed a resignation and shall not be subject to the grievance and arbitration procedures of this Agreement. The Board may waive the automatic resignation upon acceptance of the employee's explanation of his rights under this procedureabsence.
20.02 An employee may resign following the service 7.7 Copies of a Notice of Discipline. Any such resignation disciplinary actions will be processed in accordance with provided to the provisions contained herein Union President and the employee's employment shall be terminated.
20.03 Discipline , and such action 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 xxxxxxx. 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 no later than 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 actionBoard's decision.
20.04 Before any discipline is imposed, 7.8 Reprimands which are accepted by the employee and his/her union representative are not appealed through the grievance procedure shall be entitled to a pre-disciplinary hearing before removed from the employee's department head. If personnel file after this hearing three (3) years from 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 xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 date of the grievance procedure.reprimand, provided no disciplinary action, including additional reprimands, has been , taken employee during the three (3) year period. ' - against the
20.05 The Union on behalf of all 7.9 All other actions greater than a written reprimand will be removed from 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 employee's file after two (e.g. suspensions2) years. LOCAL 3136 A, demotion or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:
AIDES, OHIO COUNCIL 8, AFSCME AND XXXXXXX BOARD OF EDUCATION AGREEMENT EFFECTIVE JULY 1. the matter is settled, or
2. the employee fails to file a grievance within the time frame provided by this procedure2017THROUGH JUNE 30, 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.2020
Appears in 2 contracts
Disciplinary Procedure. 20.01 8.01 This procedure shall apply to all employees covered by this Agreement.
8.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative 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 the result of the exercise of his rights under this procedure.
20.02 8.03 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 terms of this Agreement and the employee's ’s employment shall be terminated.
20.03 8.04 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 . Specific written instructions for improvement shall also be given to the local union president and xxxxxxx. 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 actionat this time, if warranted.
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. 8.05 Where the department head employer 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 xxxxxxx. 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 procedurerequested.
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 8.06 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 at Step 3 of the grievance procedure.
8.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1. the employee has a right to object by filing a grievance in accordance with Article X of this Agreement;
2. the Grievance Procedure provides for a hearing by an independent arbitrator as its final step;
3. the employee is entitled to representation by a Union representative at every step of the proceeding;
8.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be implemented, except as provide in paragraph 8.12, until the matter is settled or a Step 3 determination has been reached.
8.09 The following administrative procedures shall apply to disciplinary actions: Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the Superintendent, pursuant to Step 3 of the Grievance Procedure. The appeal must be filed at Step 3 within five (5) working days from receipt of the Notice of Discipline.
8.10 A failure to submit an appeal within the five (5) working day limit shall be construed as an agreement to the disciplinary action by the arbitrator or a different penalty is determined by the arbitrator, oreffected employee and Union. All subsequent appeal rights shall be deemed waived.
4. the penalty 8.11 A disciplinary matter may be imposed after settled at any time. The terms of the hearing before settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the Mayor right to have a Union representative or to decline any such representation in Section 20.04writing. A settlement entered into by an employee or the Union on his behalf shall be final and binding on all parties. The Union shall be notified of all settlements. In the event the employee declines Union representation and a settlement is reached, subject the settlement shall only apply to the Union's right individual employee and shall not serve as an alteration or interpretation of the collective bargaining agreement unless the Union agrees to appeal it the settlement in writing.
8.12 An employee may be suspended without pay at any time during the process if the appointing authority, at its sole discretion, determines the employee’s continued presence on the job represents a potential danger to arbitrationpersons or property, or would interfere with the Employer’s operations.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have 24.1 Without prejudice to the following rightsterms of Clause 25, the Company may take disciplinary action against the Executive for:
A. An employee shall 24.1.1 conduct incompatible with the Executive’s status (whether during working hours or not); or
24.1.2 poor attendance; or
24.1.3 a breach by the Executive of any of the terms and conditions of his employment; or
24.1.4 unsatisfactory performance by the Executive of his duties.
24.2 Such action may include a verbal or written warning (including a final written warning), suspension with or without pay or dismissal with or without notice.
24.3 The Company may suspend the Executive with or without pay and benefits to enable it to carry out an investigation into any matter in respect of which it is considering taking disciplinary action against the Executive or for any other good reason. The period of suspension will not normally exceed 12 weeks.
24.4 After the investigation the ultimate executive director to whom the Executive reports (or his nominated deputy) will write to the Executive setting out the alleged conduct and basis for the disciplinary action and inviting the Executive to a meeting to discuss the matter.
24.5 After the meeting such executive director or deputy will write to the Executive advising him of the outcome and of the disciplinary sanction to be entitled imposed.
24.6 If the Executive is unhappy with the outcome he may appeal the decision by raising it with the Group Director, Human Resources (or his nominated deputy).
24.7 If the Executive appeals the decision the Group Director, Human Resources (or his nominated deputy) will hold an appeal meeting with the Executive:
24.8 After the meeting the Group Director, Human Resources (or his nominated deputy) will write to only Union representation at each step the Executive advising him of the outcome. The decision of the Group Director, Human Resources (or his nominated deputy) will be final.
24.9 The procedure set out in Clauses 24.4 to 24.8 do not confer any contractual rights on the Executive.
24.10 The Company’s Disciplinary Policy does not apply to the Executive’s employment hereunder.
24.11 At any stage of the disciplinary procedure, the Executive may be accompanied by either a work colleague or a trade union representative.
B. An employee shall not 24.12 For the purposes of this clause the following are examples of conduct which will be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions treated as a “Gross Misconduct” and therefore likely to result in the dismissal 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 xxxxxxx. 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 Executive 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 xxxxxxx. 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 eithernotice:
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.
Appears in 1 contract
Samples: Service Agreement (Royal Bank of Scotland Group PLC)
Disciplinary Procedure. 20.01 All The Company shall interview the employee(s) involved and other individuals involved within three working days of the company becoming aware of the alleged incident(s should have become aware of the alleged incident(s) the individual(s) involved, unless extended by mutual agreement, in writing. “Working days” for the purposes of this clause shall mean employee working days. For example, employee time off (vacation, lieu, sickness, Weekly bereave- ment, etc.) for any reason is not included in the three working days. Any seniority employee who is removed from his work for the purpose of an interview of alleged misconduct which may result in discipline for the employee, shall be taken to an office and unless he signifies otherwise, in the presence of a Union repre- sentative of his choice who is in the plant and on the he wishes to represent him during such interview, unless a different process is mutually agreed upon. The Employee and Union representative must be allowed to discuss the case, prior to the interview with Management Personnel. Employees will be paid at their prevailing hourly rate for all time lost from work while participating in the procedure covered in Article If following an interview an employee is dis- charged, suspended, or given any other form of discipline, he will be given written notice of such discharge, suspension or other form of discipline, without undue delay, but in no case longer than three working days after the interview has been completed, unless extended by mutual agreement, in writing. The parties will exchange all known related facts gathered through their respective investigations, prior to the employee being served with the above discipline.
(a) The employee shall not be required to serve a suspension until such interview and written notice have taken place and the Union representative has had up to two full shifts to investigate. In the event that the company feels there is an immediate danger in keeping the employee at work, before sending an employee home, the company will review it with the union representative. Discharged employees shall will be removed from the plant immediately and the Union representative will have two full to investigate. If after the following rights:
A. An discharge investigation the employee is found to be terminated without just cause, he will be compensated for all lost time. Within one working day the completion of the Union’s investigation, a hearing will be set up at a date mutually agreed upon by the Company and the Union Committee. The employee, Com- mittee, Xxxxxxx and Company Supervisor may be present at such hearings, if deemed necessary by either party. If an employee is suspended, discharged or issued any otherform of discipline the interview held in and feels he has been unjustly dealt with, he may file a grievance within five working days of such discipline being issued to the employee. In the event of a suspension or discharge both of which will commence at the Second Step the employee shall be entitled to only attend the meeting. Before an employee(s) is required to leave the plant for disciplinary reasons he shall be afforded a reasonable period of time to meet with his union representative in a private location designated by the Company, and if he so chooses may tile a grievance. This procedure shall not apply unless it is mutually agreed between the Company and the Union representation at each step when the situation or employee’s behaviour is of such an extreme nature that it would be inadvisable to retain the disciplinary procedure.
B. An employee employee(s) on the premises and afford him this opportunity. A notice of warning or suspension will remain in effect for a period not to exceed twelve from the date of issuance. It is further agreed that once a warning or suspension has expired that other related offences will be reduced in status accordingly, six months following the date of Seniority employees as of November whose employment application and medical forms were completed using incorrect information, 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 subject to discipline for the reason of the exercise of his rights under this procedure.
20.02 An employee may resign following the service of a Notice of Disciplineincorrect information on such application forms. Any such resignation will be processed in accordance with the provisions contained herein new employee who has obtained at least six months seniority and the employee's whose 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 datesapplication form was completed using incorrect information, times and places, if possible, and shall also be given to the local union president and xxxxxxx. 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 xxxxxxx. 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 discipline for the Union's reason of incorrect information on the employment application form. This in no way limits or restricts the right of the Company to appeal it discipline any employee for just cause except as outlined above. The Company shall have just cause to arbitration.dis- charge a probationary employee (Probationary as defined in clause who: does not perform the duties or functions of job to the satisfaction of the Company,
Appears in 1 contract
Samples: Collective Agreement
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 (a) No 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 disciplined except for just cause. The specific acts for which discipline Just cause shall include, but is being imposed not limited to, poor job performance, misconduct, insubordination, sexual harassment, discrimination, and the penalty violation of College policy.
(b) An employee proposed to be disciplined in accordance with this procedure shall be specified in furnished by the Notice Office of DisciplineHuman Resources, a detailed written statement describing the cause requiring disciplinary action. The Notice served on the employee A copy shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president President or the President's designee, the Senior Administrator of the area, the Union, and xxxxxxxthe employee’s supervisor. they shall further be informed by the Office of Human Resources of their rights under this procedure by furnishing a copy of these procedures.
(c) Should the Senior Administrator and/or Human Resources believe that the offense is so serious as to require immediate suspension with pay, Human Resources may recommend such action to the President prior to fact finding and due process described below.
(d) The charges against the employee shall be reviewed by the Union/Administration Disciplinary Committee consisting of two (2) individuals, one member selected by the Union, and one member selected by Administration. The Employer Committee shall notify promptly investigate the employee matter by interviewing all concerned parties, reviewing appropriate and related documents, and submitting a recommended disposition to the Union within seven President for their action.
(7e) days after The Committee shall deliver its recommendations to 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 President no later than sixty (60) work days after from the Employer has knowledge date the charges are filed. Upon request, the President may grant the Committee, for good cause shown, up to an additional thirty (30) days to submit its report. For the purposes of Disciplinary procedure, “work day” is defined as any day on which classes are officially in session during the fall and spring semesters, except Saturdays and Sundays. The clock will stop on the Committee’s work beginning July 1st through the day before the fall semester convocation or beginning January 1st through the day before spring semester convocation unless the two members of the incident resulting in Committee agree to continue working through all or part of this period. Should the proposed disciplinary action.
20.04 Before any discipline is imposed, the employee and his/her union representative shall Committee not be entitled ready 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 submit a recommendation to the Mayor and notice of such proposed discipline shall be made in writing and served on President by the employee personally or by registered or certified maildeadline, return receipt request, with a copy the Union will have five (5) work days to submit information about the disciplinary action to the local union president and xxxxxxxPresident.
(f) Upon receipt of the committee report, the President may take disciplinary action. Penalty may include, but is not limited to, reprimand or recommendation to the President, to suspend with or without pay, or termination. If the President’s decision is to terminate a tenured employee, s/he will utilize the process described in the Education Law Section 2587, and the process described in the Board of Trustees By-Laws, Section VC, 1a and 1b. If the President’s decision is to terminate a part- time employee grieves the proposed suspension, demotion, or removal from servicewho is a bargaining unit member and who holds a certificate of continuous employment (CCE), the Mayor or designee shall convene a hearing at Step 3 of College and Union will refer the grievance procedurecase to an outside arbitrator for final and binding determination.
20.05 (g) The Union on behalf of all Committee recommendation, the employees covered by this Agreement President's action and its own behalf hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensionsother findings, demotion or discharge) to any Civil Service Commissionif any, shall be placed in the employee's file unless the charges are ultimately rejected.
20.06 Discipline shall (h) These sections do not be implemented until either:
1. replace or amend the matter is settledprovisions of Education Law, or
2. the employee fails to file a grievance within the time frame provided by this procedureSection 2587, 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 arbitrationgoverning dismissal of tenured employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees Section 16.01. Disciplinary action shall have be for just cause and may include any of the following rightsfollowing:
A. An Oral warning;
B. Written reprimand;
C. Working Suspension
D. Suspension without pay;
E. Reduction (demotion); F. Discharge (removal) from employment.
Section 16.02. Disciplinary action of suspensions with loss of pay may be processed pursuant to the grievance and arbitration procedure. Verbal, written reprimands, and suspension without a loss in pay may only be grieved to Step 3. Appeals of disciplinary action taken that result in loss of pay shall enter the Grievance Procedure at Step 2.
Section 16.03. Any time a supervisor, the Engineer, or any representative of the Engineer conducts a scheduled disciplinary meeting with a Bargaining Unit employee in which disciplinary action of record, written reprimand, suspension, or dismissal are likely to result, they shall verbally notify the employee of his right to have an employee representative present and shall not deny the employee an available Union representative.
Section 16.04. Administering discipline is a management right.
Section 16.05. If the supervisor or other representative of the Engineer has reason to reprimand an employee, it shall be entitled to only Union representation at each step of done in a manner that will not embarrass the disciplinary procedureemployee before other employees or the public.
B. An Section 16.06. Whenever the Employer determines that a non-probationary employee shall not may be coercedsuspended, intimidateddemoted, or suffer any reprisals either directly or indirectly that may adversely affect his hoursterminated, 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 pre-disciplinary conference 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 causescheduled. 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 datesEmployer, times and places, if possible, and shall also be given not less than 48 hours prior to the local union president and xxxxxxx. The Employer meeting shall notify the employee and the Union within seven (7) days after the Employer has knowledge in writing of the incident that charges against the Employer intends to impose discipline that employee. This notification shall also include the time and place of a pre- disciplinary meeting. The employee may result in be accompanied by a suspension or dischargeUnion representative during the pre-disciplinary meeting. 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, Should the employee and his/her union not wish to be represented by the Union, a Union representative shall be entitled allowed in the disciplinary meeting as an observer only. The employee shall have an opportunity in this meeting to a pre-disciplinary hearing before respond orally to the charges prior to discipline being imposed or may have the Union representative respond on the employee's department head’s behalf. 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 A non-probationary employee who is disciplined 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 xxxxxxx. 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 in accordance with the time frame provided by this procedure, orgrievance procedure herein.
3Section 16.07. the penalty is upheld by the arbitrator or An employee shall be given 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 arbitrationcopy of any disciplinary action entered on his personnel record.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 on employees of the Bargaining Unit only for just cause. The specific acts for which An employee whose work or conduct is of such character as to incur discipline is being imposed and the penalty proposed shall first be specified specifically warned 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 xxxxxxx. 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 writing by his/her union representative supervisor. Such warning shall be entitled state the reasons underlying any intention the supervisor may have of recommending any disciplinary action. The supervisor shall give a reasonable period of advance warning 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 permit the employee to correct the deficiency without incurring disciplinary action. Some employee behavior, including but not limited to acts of a violent or criminal nature may grieve itbe grounds for immediate discipline and shall not require the written warning described above. Where When the department head City seeks as a penalty the imposition of a suspension without payany disciplinary punishment, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline action shall be made in writing and served on the employee personally in person or by registered or certified mail, return receipt requestRegistered mail upon the employee, with a copy to the local union president Union. The notice shall include:
a. The specific charge(s) against the employee, which shall include times, dates, and xxxxxxxlocation of chargeable actions or omission;
b. The penalty proposed;
c. A statement of the employee’s right to respond, either orally or in writing, and the date of the response meeting, which shall be at least ten (10) days from the notice;
d. Notice that if the employee does not submit a written request to the Personnel Officer within ten (10) days, he/she shall have waived the right to appeal the action. The notice referred to in Section 15.2 shall be accompanied by copies of all materials upon which charges are based. If the employee grieves fails to request the proposed suspension, demotion, or removal from serviceopportunity to respond, the Mayor City may proceed to order the action. If the employee requests the opportunity to respond, the response meeting shall be held as specified in the notice unless changed by mutual agreement in writing. The response meeting shall not constitute a formal hearing, and there shall be no right to call witnesses. An employee may be represented by a representative of his/her choice. The appointing authority shall issue an order taking or designee shall convene a hearing determining not to take action at Step 3 the conclusion of the grievance procedure.
20.05 meeting. The Union on behalf of all the employees covered by this Agreement decision shall be put in writing 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. served upon the employee fails to and the Union within five (5) days following the meeting. An employee may file an appeal from the appointing authority’s action within ten (10) days of receipt of said decision. The Personnel Officer shall schedule any disciplinary hearing within a grievance within the reasonable 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 filing of the Mayor in Section 20.04employee’s request, subject to considering the Union's right to appeal it to arbitrationavailability of the advisory arbitrator and the convenience of the employee and the witnesses.
Appears in 1 contract
Samples: Memorandum of Understanding
Disciplinary Procedure. 20.01 All employees (a) Jewish Care commits itself to effective and efficient performance management. Wherever appropriate, disciplinary action will only be taken after the performance, conduct or behaviour of an Employee has been addressed with that Employee.
(b) Where disciplinary action is necessary, the management representative shall notify the Employee of the reason(s) in writing and the Employee will be given an opportunity to respond to these reasons. In the event that the Employee's explanation is deemed by the organisation management representative to be unsatisfactory, a first warning may be issued. This warning will be recorded on the Employee’s personnel file.
(c) If the problem continues, the Employee will again be notified in writing of the matter and an explanation requested from the Employee. In the event that the Employee’s explanation is deemed by the organisation management representative to be unsatisfactory, a second warning in writing will be given to the Employee and recorded on the Employee's personnel file.
(d) In the event that the problem continues, the Employee will again be notified in writing of the matter and an explanation requested. In the event that the Employee's explanation is deemed by the organisation management representative to be unsatisfactory, a final written warning will be issued to the Employee and recorded on the Employee's personnel file.
(e) In the event of the matter recurring, then the Employee may be terminated after the matters have been investigated and an explanation sought from the following rights:Employee. No dismissals will take place without the authority of the CEO/DON.
A. An employee (f) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. A “final warning” shall be entitled such that the Employee is notified that in the event that there are further performance or conduct issues, the Employee may be terminated. Summary dismissal of an Employee may still occur for acts of “serious misconduct”.
(g) During all steps in the Disciplinary Procedure, the Employee has the right to only Union representation at each step of their choice, which may include the ANMF or XXX. The Employer may be represented by the representative of its choice. The procedure may be delayed due to the unavailability 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 chosen representative of the exercise of his rights under this procedure.
20.02 An employee may resign following the service of a Notice of DisciplineEmployee or Employer. Any such resignation will be processed However, in accordance with the provisions contained herein principles of natural justice disciplinary matters are to be dealt with in a timely manner and the employee's employment shall process will not be terminatedunreasonably delayed on account of the chosen representative of the Employee or the Employer.
20.03 Discipline (h) If after any warning, a period of twelve months elapses without any further warning or action being required, all adverse reports relating to the warning will be removed from the Employee's personnel file.
(i) This clause shall be imposed only for just cause. The specific acts for which discipline is being imposed and not apply until the penalty proposed shall be specified Employee has completed a period of employment with the Employer of at least the minimum employment period as prescribed 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 xxxxxxx. 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 actionAct.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 All 11.01 Non-probationary 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 subject to any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result form 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 discipline except for just cause. The specific acts for which discipline .
11.02 When it is being imposed and the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain determined that a reference to datesdisciplinary matter requires an investigation, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify a hearing with the employee and an Area or Association Representative shall be formally opened and then suspended for investigation. The Association will be notified at the Union within seven (7) days after time the Employer has knowledge of case is suspended when the incident that disciplinary hearing shall take place. This notice will allow the Employer intends Association to impose do its investigation into the matter before discipline is issued. Any investigatory meeting that may result in a suspension discipline, shall not be held without an Area or dischargeAssociation Representative present. Disciplinary actions resulting in a reprimand shall be imposed within ten (10) days after Notwithstanding 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 imposedabove, should an employee choose to decline Association representation during an investigation, the employee and must do so in writing.
11.03 Before any employee shall be required to make any written statement or written reply pertaining to any alleged misconduct on his/her union representative part, the matter shall first be entitled to a pre-disciplinary hearing before discussed between 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 penaltyAssociation representative, and the Supervisor. The employee may grieve it. Where shall have two (2) working days after such meeting to make 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 requestwritten statement, with a copy to the local union president Association representative if the employee so desires.
11.04 An Area Representative or Association representative shall be present at the time disciplinary action is imposed and xxxxxxxshall represent the employee at all levels of disciplinary proceedings. Should an employee choose to decline Association representation during the disciplinary procedure, the employee must do so in writing. In accordance with Section 11.08, disciplines shall be issued in a timely manner in order to provide employees an opportunity to correct their behavior.
11.05 If the employee grieves the proposed suspensionAssociation determines to appeal any disciplinary action, demotion, or removal from service, the Mayor or designee it shall convene file a hearing at Step 3 of grievance in accordance with Article 10. All disciplinary actions shall be subject to the grievance procedure. However, verbal and first written warnings may only be grieved up to Step 3, which will be the final step. To maintain employment, each Employee must retain security clearance from Xxxxx County. Any loss in security clearance will result in an employee being placed on unpaid administrative leave for up to 30 business days. A written copy of the Xxxxx County’s security clearance policy and any subsequent amendments shall be provided to the Association.
20.05 11.06 At the time of discipline, all incident and other investigatory reports then available shall be included with the disciplinary papers when served, with copies to be furnished to the Association. Upon mutual agreement, statements provided by other employees related to an incident shall be redacted.
11.07 Disciplinary action may be imposed upon an employee for failure to fulfill the employee's job responsibilities or for improper conduct while on the job, or for off the job conduct, which is tied to his or her employment, that tends to bring the Employer into public disrepute.
11.08 The Union on behalf intent and purpose of all the employees covered by following is to provide for progressive disciplinary action.
1. Verbal Warning
2. First Written Warning
3. Final Written Warning with manager option up to a three (3) day suspension 4. Termination
11.09 Nothing in this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees to appeal any form of section shall prevent the Employer from taking appropriate disciplinary action (e.g. suspensionsshould it be required by the circumstances, demotion or discharge) with proper notice to any Civil Service Commissionthe Association at the time such immediate action is taken without regard to progressive discipline, when the offense is deemed to be serious in nature.
20.06 Discipline 11.10 Should it be necessary to discipline any employee, the discipline shall be given so as not to cause embarrassment to the employee before other employees or the public.
11.11 The Employee Relations Manager or a designated representative may modify a disciplinary action except that the severity of the discipline shall not be implemented until either:increased but may be lessened.
111.12 There shall be one official personnel file. Upon request, an employee's official personnel file may be reviewed every four (4) months. Files must be reviewed in the matter is settledpresence of an Employer Representative. Such request shall be complied with within five (5) calendar days.
11.13 A notation of verbal warning by date and subject only, ormay be placed in the employee's official personnel file.
2. 11.14 When initiating a disciplinary action on a current charge, the Employer shall not take into consideration any prior discipline if the employee fails has had twelve (12) months of actual service from the date of the prior discipline.
11.15 Employees charged with the commission of any felony or of a misdemeanor involving criminal or moral conduct during working hours or related to file a grievance within the time frame provided by this procedurework location or job responsibility, or
3. shall have the penalty is upheld circumstances unilaterally reviewed by the arbitrator or a different penalty is Employer. After said review, and as determined appropriate by the arbitratorEmployer, or
4. the penalty employee may be imposed after terminated, suspended without pay or benefits, or reassigned to a less sensitive position, without loss of benefits pending the hearing before judicial determination of said charge at the Mayor in Section 20.04, trial level.
11.16 No employee of this bargaining unit will be subject to the Union's right to appeal it to arbitrationdisciplinary action for taking part in political activity when not on duty and/or out of uniform.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees (a) Where disciplinary action may be necessary, the Employer representative shall notify the Employee of the issues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
(b) If there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested from the Employee. If appropriate, a second warning in writing will be given to the Employee and recorded on the Employee’s personnel file.
(c) In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
(d) In the event of further performance or conduct issues, then the Employee may be terminated after the matters have been investigated and reasons sought from the following rights:Employee.
A. An employee (e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. A “final warning” shall be entitled such that the Employee is notified that in the event that there are further performance or conduct issues the Employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of serious misconduct.
(f) During all steps in the Disciplinary Procedure, the Employee has the right to only Union representation at each step of their choice, including the Union. The Employer may be represented by the representative of their choice. The procedure may be delayed due to the unavailability of the disciplinary procedure.
B. An employee shall not be coercedEmployee’s chosen representative. However, 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 principles of natural justice disciplinary matters are to be dealt with in a timely manner and the employee's employment shall process will not be terminatedunreasonably delayed on account of the unavailability of the Employee’s chosen representative.
20.03 Discipline (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
(h) This clause 52 shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period of 6 months as prescribed in section 383 of the Act. In the case of an Employee in this minimum employment period, where disciplinary action may be imposed only for just cause. The specific acts for which discipline is being imposed and necessary, 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 xxxxxxx. The Employer shall notify the employee Employee of the issues and the Union within seven (7) days after the Employer has knowledge of the incident that the Employer intends Employee will be given an opportunity 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 actionrespond to these issues.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Enterprise Agreement
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 No 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 disciplined except for just cause. The specific acts for which discipline Just cause shall include, but is being imposed not limited to, poor job performance, misconduct, insubordination, sexual harassment, discrimination, and the penalty violation of College policy. An employee proposed to be disciplined in accordance with this procedure shall be specified in furnished a detailed written statement by the Notice of Disciplinesupervisor describing the cause requiring disciplinary action. The Notice served on the employee A copy shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify President or the employee President's designee, the Senior Administrator of the area, the Union, and the Union within seven Office of Personnel Administration. (7) days after S)he shall further be informed by the Employer has knowledge Office 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 Personnel Administration 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 rights under this procedure by furnishing a copy of these procedures and the Grievance procedures. Should the supervisor believe that the offense is so serious as 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 require immediate 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 with pay, a demotion or removal from service, he shall (s)he may recommend such action to the Senior Administrator who may make such a recommendation to the Mayor President prior to fact finding and notice of such proposed discipline due process described below. The supervisor's charges against the employee shall be made reviewed by the Union/Administration Disciplinary Committee consisting of three (3)individuals (one member selected by the Union, one member selected by Administration, and a third member who shall act as Committee Chair, selected by the other two Committee members). The Committee shall, using the time schedule set forth in writing the Collective Bargaining Agreement for processing grievances, promptly investigate the matter by interviewing all concerned parties, conduct a hearing if necessary and served on the employee personally or by registered or certified mail, return receipt request, with submit a copy recommended disposition to the local union president and xxxxxxxPresident for his/her action. Penalty may include, but is not limited to, reprimand or recommendation to the President to suspend with or without pay. If the employee grieves the proposed suspension, demotion, or removal from servicepanel recommends termination of a tenured employee, the Mayor or designee shall convene a hearing at Step 3 President, if in agreement, will utilize the process described in the Education Law Section 2587, and the process described in the Board of Trustees By-Laws, Section VC, 1a and 1b. If the grievance procedure.
20.05 The Union on behalf of all ultimate disposition is other than rejection, the employees covered by this Agreement Committee recommendation, the President's action 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's findings, or
4if any, shall be placed in the employee's file. These sections do not replace or amend the penalty may be imposed after the hearing before the Mayor in provisions of Education Law, Section 20.042587, subject to the Union's right to appeal it to arbitrationgoverning dismissal of tenured employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees 17.3.1 When a supervisor determines that discipline (demotion, suspension or dismissal) may be warranted, he/she will provide the employee with written charges specifying the facts supporting the proposed discipline. The written charges shall have contain a statement in ordinary and concise language of the following rights:specific acts and omissions upon which the disciplinary action is based, a statement of the cause(s) for the proposed discipline, and, if it is claimed that an employee has violated a rule or regulation of the District, such rule or regulation shall be stated. It shall also include a copy of any documents upon which the supervisor intends to rely as support for the charges. If the employee has invoked his/her right of representation, a copy of the discipline packet shall also be provided to CSEA.
A. An 17.3.2 The employee has the right to respond to the charges verbally or in writing. The employee shall be entitled to only Union representation an informal pre-hearing (Xxxxxx) conference on the charges with an appropriate administrator ("Administrative Neutral"). The employee shall be entitled to have a representative of his/her choice at each step the conference. Should the employee agree with the recommendation, it will be forwarded directly to the Superintendent. The Neutral Administrator cannot conduct any independent investigation in the matter and will make his/her recommendation solely on the information presented during the informal hearing. Within ten (10) business days following the conference, the administrative neutral shall prepare a written recommendation regarding whether or not the proposed discipline is warranted. A copy of the disciplinary procedure.
B. An employee recommendation 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 supervisor, the employee, the employee's representative, if any, and xxxxxxxto the Superintendent. The Employer shall notify recommendation may be to sustain the employee and discipline, reduce the Union within seven (7) days after discipline or charges, or dismiss the Employer has knowledge of the incident that the Employer intends to impose discipline that recommended discipline, but may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within not recommend enhanced discipline.
17.3.3 Within ten (10) business days after following the Employer has knowledge Superintendent's receipt 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 imposedadministrative neutral's recommendation, the employee and Superintendent shall communicate his/her union representative shall be entitled to a pre-disciplinary hearing before decision about his/her intended action. The Superintendent may take any of the employee's department head. If after this hearing following actions, depending on 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 particular circumstances: (1) Leave 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 in his/her job 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 xxxxxxx. 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. dismiss the matter is settled, or recommend disciplinary proceedings 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.; (
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 6:01 In the event of an employee who has attained seniority being discharged or suspended from employment, and the employee feeling that an injustice has been done, the case may be taken up as a grievance.
6:02 All employees shall have the following rights:
A. An employee such cases shall be entitled to only Union representation at each step taken up within five (5) working days and disposed 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 xxxxxxx. The Employer shall notify the employee and the Union within seven (7) working days of the date the employee is notified of discharge or suspension, except where a case is taken to arbitration. A claim by an employee, who has attained seniority, that he has been unjustly discharged or suspended from his employment shall be treated as a grievance if a written statement of such grievance is lodged with the Plant Manager within five (5) working days after the Employer employee has knowledge been discharged or suspended.
6:03 Such special grievances may be settled by confirming the Management's action in dismissing or suspending the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which to the conferring parties may seem just and equitable. Any grievance not settled under this Article may be referred to Arbitration and an impartial umpire selected as provided by Article 5.
6:04 The Union and the employee shall both receive a copy of any disciplinary action taken towards the employee by the Company. The employee or the Union representative shall acknowledge receipt of this notice by signing and dating all copies.
6:05 The term "working days" when used in this Agreement for grievance procedure shall exclude Saturday, Sunday and any Holiday's as defined herein.
6:06 Any discharged employee, employee on compensation or sick leave, or retiree, will be allowed to talk to a member of the incident that the Employer intends to impose discipline that may result in a suspension or dischargeUnion Plant Committee on Company premises. Disciplinary actions resulting in a reprimand Such meetings shall be imposed limited to half (½) hour per occurrence and must have prior agreement with the Management as to time and place.
6:07 Any discipline against an employee must be within ten five (105) working days after the Employer has knowledge of the incident. Notice of Disciplinary actions resulting in a suspension occurrence, or discharge shall be issued within sixty (60) days after the Employer has knowledge company becoming aware of the incident resulting in occurrence, whenever practical, providing the proposed disciplinary action.
20.04 Before any discipline employee is imposedat work. In the event the employee is not at work, the employee and his/her union representative shall will be entitled to a pre-disciplinary hearing before disciplined upon 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 xxxxxxx. 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 procedurefirst full working day returned.
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.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedure. 20.01 A. The intent and purpose of this Article is to provide for progressive disciplinary action. Disciplinary action may be imposed upon an employee only for failure to fulfill the employee’s job responsibilities or for improper conduct while on the job. Disciplinary action may only be taken for criminal conduct while not on the job if the conduct damages the District’s reputation, prevents the grievant from reporting to work due to incarceration, or if the employee is proved to be unsuitable for work due to the specific nature of the criminal misconduct. All employees shall have the following rights:
A. An employee disciplinary action shall be entitled to only Union representation at each step of the disciplinary procedurefor just cause.
B. An employee In any case where disciplinary action is taken by the Employer, the following procedure may be followed:
1. Discussion of problem
2. Oral reprimand
3. Written reprimand included in personnel file
4. Suspension without pay
5. Dismissal Nothing in the aforementioned procedure shall not prevent the Employer from taking immediate and appropriate disciplinary action, should it be coercedrequired by the circumstances, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of with proper notice to the exercise of his rights under this procedureUnion.
20.02 An employee may resign following the service of C. Notification within a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment reasonable time 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 xxxxxxx. 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 Xxxxxxx prior to impose discipline that any disciplinary action taken against any member which may result in any official entries being added to the member’s personnel file. The employee and Union shall be furnished with a suspension copy of any entry made into the file. A notation of oral reprimand by date and subject only may be placed in the file.
D. No employee shall be requested to make any written or dischargeoral statement pertaining to any alleged misconduct without first having the opportunity of discussing it with the Union representative. Disciplinary actions resulting in a The employee will have at least twenty-four (24) hours to submit any written statement.
E. Should it become necessary to reprimand any employee, the reprimand shall be imposed within ten (10) days after given so as not to cause embarrassment to the employee before other employees or the public.
F. The Employer has knowledge may modify a disciplinary action except that the severity of the incidentaction shall not be increased but may be lessened.
G. Upon request, an employee’s official personnel file may be reviewed. Notice of Disciplinary actions resulting in a suspension or discharge Such request shall be issued complied with within sixty two (602) days after the Employer has knowledge business days. After one (1) year of the incident resulting satisfactory service, no disciplinary matters appearing therein shall be used in the proposed any subsequent disciplinary action.
20.04 Before any discipline is imposed, the H. Disciplinary action which shall result in suspension or discharge of an employee and his/her union representative shall be entitled immediately subject 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 xxxxxxx. 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 procedureGrievance Procedure.
20.05 The Union on behalf of all I. Among reasons for dismissal are 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 following (e.g. suspensions, demotion or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:inclusive):
1. the matter is settled, orUnsatisfactory or incompetent work performance or neglect of duty.
2. the employee fails to file a grievance within the time frame provided by this procedure, orPersonal misconduct.
3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitratorPersistent violation of policies, orregulations and laws.
4. Insubordination. 5. Chronic absenteeism or tardiness.
1. Use or unlawful possession of narcotics or controlled substance.
2. Unlawful possession of a firearm or other lethal weapon on school property.
3. Unauthorized removal of school property from the penalty may premises, theft.
4. Willful destruction of school property.
5. Aggressively fighting or assaulting another person on school property.
6. Intoxication on duty. The consumption or possession of alcoholic beverages on school property is forbidden. Employees presenting themselves for work under the influence of alcohol or with the odor of alcohol on their breath will be imposed after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitrationimmediate discharge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All 5.01 As per Article 3.02(a) above, Permanent employees shall have the following rights:
A. An employee shall may be entitled to disciplined, demoted or discharged 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 In determining just cause, the Company and the Association agree that the principle of progressive discipline is being imposed to be applied to all disciplinary matters and in general that discipline is to be corrective and not punitive. Steps in the disciplinary process may be skipped depending on the seriousness of the situation and all of the surrounding circumstances.
5.02 If the Company decides to discipline/discharge an employee, the Company will do so as soon as is reasonably practical after becoming aware of a matter that may be an infraction and after it has had a reasonable period of time to investigate the matter. Notwithstanding the above, no discipline will be issued later than fourteen (14) calendar days of the date when the offence became known to the Company, unless an employee involved in the investigation is absent. The Company and the penalty proposed SEA can agree to extend the investigation period if required.
5.03 If the Company decides to discipline/discharge an employee, following its investigation, it shall proceed as follows:
(a) In normal circumstances, the Company will convene a meeting for that purpose. At the outset of the meeting, if the employee attends without an Association Representative, the employee will be advised of their right to have an Association Representative present before anything else is discussed. If the employee decides to have an Association Representative present, the meeting shall be specified in adjourned until the Notice of DisciplineAssociation Representative arrives. The Notice served on If the employee shall contain a reference decides to datesnot have an Association Representative present, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify both the employee and the Union within seven Representative must sign a waiver (7in the form appended to this Agreement) days indicating that the representation is declined before the meeting can continue. Following the disciplinary meeting, the Company will give notice in writing of the discipline and the reasons for it to the employee and, if present at the meeting, the Association Representative.
(b) In extraordinary circumstances, if the Company, in its reasonable discretion, determines that an employee is violent, extremely disruptive, or apparently under the influence of an intoxicating substance, or poses a safety risk to themself or other employees, the Company may remove the employee from the premises until such time as a meeting can be convened. The Company shall provide immediate notice in writing of a suspension (paid or unpaid) pending final determination and the time for a meeting. A copy of such notice will be provided to an Association Representative, who will attend at the subsequent discipline meeting, unless the employee decides otherwise.
5.04 In normal circumstances, when an employee is discharged and the circumstances permit, and when an Association Representative has been in attendance at the meeting, the employee shall be allowed to meet with the Association Representative for a reasonable period of time (not to exceed twenty (20) minutes) in privacy before the employee leaves the Company's premises.
5.05 Disciplinary records shall be removed (and have no further effect) from an employee’s file after the Employer has knowledge period as set out below provided there is no further discipline during the said period: Verbal/Written Warning Twelve (12) months (from the issuance of Suspension Twenty-four (24) months (from the issuance of the incident that discipline), except in situations of human rights harassment, violence, theft or fraud, in which case the Employer intends to impose discipline that may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within permanently on the employee's record The Company will keep the SEA Executive informed on a monthly basis of any updates to the discipline report.
5.06 A claim by an employee that they have been unjustly discharged shall be treated as a grievance beginning at Step No. 3 provided such claim is lodged with the Company no later than ten (10) working 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 following 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 xxxxxxx. 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 proceduredischarge.
20.05 The Union on behalf of all the employees covered by this Agreement 5.07 Coaching & counselling notations are not disciplinary in nature 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 relied upon by the arbitrator or a different penalty is determined by Company for the arbitrator, or
4purposes of progressive discipline. the penalty The fact that coaching and counselling occurred may be imposed relied upon at any time including arbitration. All coaching and counselling notations shall be removed from an employee’s personnel file after twelve (12) months from issuance of the hearing before letter. Employees will have the Mayor in Section 20.04, subject right to request SEA representation during a formal coaching meeting. No Coach and Counsel will be issued later than fourteen (14) calendar days of the date when the offence became known to the Union's right company, unless an employee involved in the investigation is absent. The company and the SEA can agree to appeal it to arbitrationextend the investigation period if required.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedure. 20.01 All employees (a) Where disciplinary action may be necessary, the management representative shall have notify the following rights:
A. An employee shall be entitled to only Union representation at each step Employee of the disciplinary procedureissues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
B. An employee shall not (b) If there are further performance or conduct issues, the Employee will again be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result notified in writing of the exercise of his rights under this procedure.
20.02 An employee may resign following matter and a response requested from the service of Employee. If appropriate, a Notice of Discipline. Any such resignation second warning in writing 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 Employee and xxxxxxxrecorded on the Employee’s personnel file.
(c) In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
(d) In the event of further performance or conduct issues, then the Employee may be terminated after the matters have been investigated and reasons sought from the Employee.
(e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. A “final warning” shall be such that the Employee is notified that in the event that there are further performance or conduct issues the Employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of serious misconduct.
(f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice. The Employer may be represented by the representative of their choice.
(g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s.
(h) This clause shall notify not apply until the employee and the Union within seven (7) days after Employee has completed a period of employment with the Employer has knowledge of at least 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 minimum employment period as prescribed in the proposed disciplinary actionFair Work Act.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 32.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
32.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative or an attorney at his/her own expense 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 the result of the exercise of his rights under this procedure.
20.02 32.03 An employee may resign following the service of a Notice of Discipline. Any such resignation resig- nation will be processed in accordance with the provisions contained herein Employer's Rules and Regulations and the employeeem- ployee's employment shall be terminated.
20.03 32.04 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 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 xxxxxxx. 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. 32.05 Where the department head appointing authority 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, requested.
32.06 The following administrative procedures shall apply to disciplinary actions:
A. The Chief of Police and the Employee involved are encouraged to settle disciplinary mat- ters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The Chief of Police is encouraged to hold an informal meeting with a copy the Employee for the purpose of discussing the matter prior to the local union president formal presentation of writ- ten charges. The specific nature of the matter will be addressed, and xxxxxxxthe Chief of Police may offer a proposed disciplinary penalty. The Employee is entitled to representation by the Union or an attorney during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the Chief of Police will, within ten (10) working days, prepare a formal Notice of Discipline and present it to the Employee. If no informal meeting is held, the employee grieves Chief of Police may just prepare a Notice of Discipline and present it to the Employee. The Notice of Discipline will include advice as to the Employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the Employee may choose to accept the proposed suspensiondiscipline or to appeal by filing a grievance with the City Manager, demotion, or removal from service, the Mayor or designee shall convene a hearing at pursuant to Step 3 of the grievance procedureGrievance Procedure. The appeal must be filed at Step 3 within ten (10) calendar days from receipt of the Notice of Discipline.
20.05 32.07 A failure to submit an appeal within the above time limit shall be construed as an agree- ment to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
32.08 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or an attorney as a representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
32.09 The Union on behalf of all the employees covered by this Agreement and its own behalf 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.Safety Director's
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have Where Xxxxxx Bros is satisfied that unsatisfactory conduct or performance has occurred, Xxxxxx Bros will decide which of the following rights:
A. An employee shall be entitled to only Union representation at each step disciplinary actions it considers most appropriate given the seriousness of the disciplinary procedure.
B. An employee shall not be coerced, intimidated, unsatisfactory conduct or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result performance. Any issue concerning application of the exercise provisions of his rights under this procedure.
20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation procedure will be processed resolved strictly in accordance with these provisions and in accordance with Xxxxxx Bros Business Management Procedures.
(a) First Written Counselling
(i) Generally, on the provisions contained herein first occasion that an employee exhibits unsatisfactory conduct or performance, the Employee shall be counselled so that they understand the standards expected of them and will be offered assistance and guidance in achieving their standards.
(ii) Confidential written records will be kept (First Written Counselling Form - Appendix 3 form 1) on any counselling undertaken, copy given to the Employee and the employeeEmployee’s file will be marked accordingly.
(iii) Following this discussion, the supervisor shall report the matter to the Transport Manager and/or the Divisional Manager in writing using the First Written Counselling Form. A copy shall also be supplied to the TWU delegate.
(b) Final Written Counselling
(i) If further unsatisfactory conduct or performance occurs, or in the case of a more serious first offence, a final written warning shall be issued to the Employee (Final Written Counselling Form).
(ii) This final written warning shall state that any further incident of unsatisfactory conduct or performance may lead to termination.
(iii) Confidential written records will be kept (Final Written Counselling Form) on any counselling undertaken, a copy will be given to the Employee and the Employee’s file marked accordingly.
(iv) Following this discussion, the supervisor shall report the matter to the Transport Manager and/or the Divisional Manager in writing using the Final Written Counselling Form. A copy shall also be supplied to the TWU delegate.
(c) Termination on Notice
(i) Termination on notice will normally only occur if the Employee's employment shall conduct or performance fails to improve following the issue of a final written warning. However, termination on notice may occur without prior warning if the incident of misconduct or poor performance is sufficiently serious to warrant this course of action.
(ii) If termination on notice is considered, a Termination Interview will be conducted by the Transport Manager and/or Divisional Manager to determine if the Employee's services are to be terminated.
20.03 Discipline (iii) The Termination Interview shall be imposed only for just cause. The specific acts for which discipline is being imposed completed using the appropriate form (Termination Interview Form, Appendix 3 form 3) and shall be conducted in the presence of another member of management and the penalty proposed TWU delegate.
(d) Instant Dismissal
(i) Xxxxxx Bros may dismiss an Employee without providing notice and without prior warning for conduct that justifies summary dismissal. Such conduct shall include, but not be limited to, serious misconduct and gross neglect of duty.
(ii) If termination without notice is considered, a Termination Interview will be conducted by the Transport Manager and/or Divisional Manager to determine if the Employee's services are to be terminated.
(iii) The Termination Interview shall be specified completed using the appropriate form (Termination Interview Form) and shall be conducted in the Notice presence 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 xxxxxxx. The Employer shall notify the employee another member of management and the Union within seven TWU delegate.
(7e) 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 A witness shall be imposed within ten (10) days after present for all counselling and termination interviews if required by either the Employer has knowledge Employee or management. See Appendix 3, for example 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 actionCounselling/Termination Interview Forms.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 All 5.01 As per Article 3.02(a) above, Permanent employees shall have the following rights:
A. An employee shall may be entitled to disciplined, demoted or discharged 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 In determining just cause, the Company and the Association agree that the principle of progressive discipline is being imposed to be applied to all disciplinary matters and in general that discipline is to be corrective and not punitive. Steps in the disciplinary process may be skipped depending on the seriousness of the situation and all of the surrounding circumstances.
5.02 If the Company decides to discipline/discharge an employee, the Company will do so as soon as is reasonably practical after becoming aware of a matter that may be an infraction and after it has had a reasonable period of time to investigate the matter. Notwithstanding the above, no discipline will be issued later than fourteen (14) calendar days of the date when the offence became known to the Company, unless an employee involved in the investigation is absent. The Company and the penalty proposed SEA can agree to extend the investigation period if required.
5.03 If the Company decides to discipline/discharge an employee, following its investigation, it shall proceed as follows:
(a) In normal circumstances, the Company will convene a meeting for that purpose. At the outset of the meeting, if the employee attends without an Association Representative, the employee will be advised of his right to have an Association Representative present before anything else is discussed. If the employee decides to have an Association Representative present, the meeting shall be specified in adjourned until the Notice of DisciplineAssociation Representative arrives. The Notice served on If the employee shall contain a reference decides to datesnot have an Association Representative present, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify both the employee and the Union within seven Representative must sign a waiver (7in the form appended to this Agreement) days indicating that the representation is declined before the meeting can continue. Following the disciplinary meeting, the Company will give notice in writing of the discipline and the reasons for it to the employee and, if present at the meeting, the Association Representative.
(b) In extraordinary circumstances, if the Company, in its reasonable discretion, determines that an employee is violent, extremely disruptive, or apparently under the influence of an intoxicating substance, or poses a safety risk to himself or other employees, the Company may remove the employee from the premises until such time as a meeting can be convened. The Company shall provide immediate notice in writing of a suspension (paid or unpaid) pending final determination and the time for a meeting. A copy of such notice will be provided to an Association Representative, who will attend at the subsequent discipline meeting, unless the employee decides otherwise.
5.04 In normal circumstances, when an employee is discharged and the circumstances permit, and when an Association Representative has been in attendance at the meeting, the employee shall be allowed to meet with the Association Representative for a reasonable period of time (not to exceed twenty (20) minutes) in privacy before the employee leaves the Company's premises.
5.05 Disciplinary records shall be removed (and have no further effect) from an employee’s file after the Employer has knowledge period as set out below provided there is no further discipline during the said period: Verbal/Written Warning Twelve (12) months (from the issuance of Suspension Twenty-four (24) months (from the issuance of the incident that discipline), except in situations of human rights harassment, violence, theft or fraud, in which case the Employer intends to impose discipline that may result in a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed within permanently on the employee's record The Company will keep the SEA Executive informed on a monthly basis of any updates to the discipline report.
5.06 A claim by an employee that he has been unjustly discharged shall be treated as a grievance beginning at Step No. 3 provided such claim is lodged with the Company no later than ten (10) working 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 following 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 xxxxxxx. 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 proceduredischarge.
20.05 The Union on behalf of all the employees covered by this Agreement 5.07 Coaching & counselling notations are not disciplinary in nature 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 relied upon by the arbitrator or a different penalty is determined by Company for the arbitrator, or
4purposes of progressive discipline. the penalty The fact that coaching and counselling occurred may be imposed relied upon at any time including arbitration. All coaching and counselling notations shall be removed from an employee’s personnel file after twelve (12) months from issuance of the hearing before letter. Employees will have the Mayor in Section 20.04, subject right to request SEA representation during a formal coaching meeting. No Coach and Counsel will be issued later than fourteen (14) calendar days of the date when the offence became known to the Union's right company. The company and the SEA can agree to appeal it to arbitrationextend the investigation period if required.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedure. 20.01 Section 26.01. This procedure shall apply to all non-probationary employees covered by this Agreement.
Section 26.02. All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative or a Union attorney at each step of the disciplinary procedure.
B. An employee shall not be coerced, intimidated, or suffer any reprisals reprisals, either directly or indirectly indirectly, that may adversely affect his hours, wages, or working conditions as a the result of the exercise of his rights under this procedure.
20.02 Section 26.03. 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 terms of this Agreement and the employee's ’s employment shall be terminated.
20.03 Section 26.04. 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 notice served on the employee shall contain a reference to dates, times and places, if possible. Discipline will be applied in a corrective, progressive, and uniform manner. Progressive discipline shall also be given to take into account the local union president and xxxxxxx. The Employer shall notify circumstances surrounding the employee and incident, the Union within seven (7) days after the Employer has knowledge nature 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 imposedviolations, 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 penaltyrecord of discipline, and the employee's record of performance and conduct. Any employee subject to a suspension may grieve itrequest to forfeit vacation and/or holiday time in lieu of serving said suspension. The approval or denial of such request, either in all or in part, shall be at the sole discretion of the Employer.
Section 26.05. Where the department head appointing authority seeks as a penalty the imposition of a suspension without paypay for more than three (3) days, a demotion 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 requestrequested. In case of a suspension without pay of three (3) days or less, the Chief of Police shall furnish the member of the Department with a copy to the local union president and xxxxxxx. If written notice of such discipline, served on the employee grieves the proposed suspensionpersonally or by certified mail, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 of the grievance procedurereturn receipt requested.
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 Section 26.06. Discipline shall not be implemented until either:
1. the The matter is settled, ; or
2. the The employee fails to file a grievance within the time frame provided by this procedure, ; or
3. the The penalty is upheld by the arbitrator or a different penalty is determined by the arbitrator.
Section 26.07. The Notice of Discipline served on the employee shall be accompanied by written statement that:
1. The employee has a right to object by filing a grievance within three (3) working days of receipt of the Notice of Discipline;
2. The Grievance Procedure provides for a hearing by an independent arbitrator as its final step;
3. The employee is entitled to representation by a Union representative or a Union attorney at every step of this proceeding.
Section 26.08. If a grievance is files and pursued within the time frames provided below, orno penalty can be implemented, except as provided in paragraph 12, until the matter is settled or the arbitratorrenders a determination.
4Section 26.09. The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority and the penalty employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to the formal presentation of written charges. The specific nature of the matter will be addressed and the appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that she/he is entitled to representation by the Union or an attorney during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting, the appointing authority will, within ten (10) working days, prepare a formal Notice of Discipline and present it to the employee. If no informal meeting is held, the appointing authority may prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure and the right of representation.
C. Upon receipt of the Notice of Discipline, the employee ma y choose to accept t h e proposed discipline or to appeal by filing a grievance with the appointing authority, pursuant to Step 4 of the Grievance Procedure. The appeal must be filed at Step 4 within three (3) working days from receipt of the Notice of Discipline.
Section 26.10. A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the affected employee and Union. All subsequent appeal rights shall be deemed waived.
Section 26.11. A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or a Union attorney as a representative or to decline any such representation. A settlement entered into by an employee, or the Union on his behalf, shall be final and binding on all parties. The Union shall be notified of all settlements.
Section 26.12. An employee may be suspended with pay at any time during the process by the appointing authority, at its sole discretion. A suspension without pay may be imposed after the hearing before the Mayor in Section 20.04, subject concurrent with or subsequent to the decision at Step 5 of the Grievance Procedure.
Section 26.13. 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 a Safety Director's right Inquiry or to appeal it any form of disciplinary action (e.g., suspensions, demotion or discharge) to arbitrationany Civil Service Commission.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees (a) Where disciplinary action may be necessary, the management representative shall have notify the following rights:
A. An employee shall be entitled to only Union representation at each step Employee of the disciplinary procedureissues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
B. An employee shall not (b) If there are further performance or conduct issues, the Employee will again be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result notified in writing of the exercise of his rights under this procedure.
20.02 An employee may resign following matter and a response requested from the service of Employee. If appropriate, a Notice of Discipline. Any such resignation second warning in writing 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 Employee and xxxxxxxrecorded on the Employee’s personnel file.
(c) In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
(d) In the event of further performance or conduct issues, then the Employee’s employment may be terminated after the matters have been investigated and reasons sought from the Employee.
(e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. A “final warning” shall be such that the Employee is notified that in the event that there are further performance or conduct issues the Employee’s employment may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of serious misconduct.
(f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of their choice, including the ANMF. The Employer may be represented by the representative of their choice.
(g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s.
(h) This clause shall notify not apply until the employee and the Union within seven (7) days after Employee has completed a period of employment with the Employer has knowledge of at least 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 minimum employment period as prescribed in the proposed disciplinary actionAct (6 months).
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Maryvale Private Hospital Nurses Enterprise Agreement 2022
Disciplinary Procedure. 20.01 34.01 This procedure shall only apply to all non‐probationary employees covered by this agreement.
34.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative at each step of the disciplinary procedure.
B. No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least five (5) working days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
C. 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 the result of the exercise of his rights under this procedure.
20.02 34.03 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 terms of this Agreement and the employee's ’s employment shall be terminated.
20.03 34.04 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 xxxxxxx. 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. 34.05 Where the department head appointing authority 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 xxxxxxx. 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 procedurerequested.
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 34.06 Discipline shall not be implemented until either:
1. A. the matter is settled, or
2. B. the employee fails to file a grievance within the time frame provided by this procedure, or
3. C. the penalty is upheld by the arbitrator City Manager/Safety Director after a pre‐ disciplinary hearing, or a different penalty is determined by D. the arbitratorEmployer, or
4. at its discretion, may impose discipline after an arbitration award in the penalty may be imposed after event the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it Union submits such disciplinary grievance to arbitration.
34.07 Disciplinary actions that are more than five (5) years old, shall not be used in future disciplinary actions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An 30.1 No employee shall be entitled to only Union representation at each step discharged, demoted, or suspended except for just cause and notice of the reasons for such 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 action shall be terminated.
20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed stated in writing 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 xxxxxxx. The Employer shall notify employee affected and/or the employee and Chief Xxxxxxx, but in every case to the Union Chief Xxxxxxx, within seven five (75) days after the Employer has knowledge effective date of the incident that action. Under the Employer intends normal circumstances, disciplinary action shall be taken by the City within thirty (30) days of when the Department Head or appropriate designee learns of the event giving rise to impose discipline that the disciplinary action. Said thirty (30) day time frame shall not apply to disciplinary actions for abuse of sick leave. The thirty (30) day time frame is delayed in the case of vehicle accidents providing the employee’s Department has an Accident Review Committee which may result be a subcommittee of the departmental Safety Committee. The 30-day time frame begins when Department managers meet to discuss the accident following receipt of the Accident Review Committee report.
30.2 Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure and the Union shall have the right to take up matters of suspension, demotion or discharge at Step 9.1.3 of the procedure.
30.3 Pursuant to N.L.R.B. x. Xxxxxxxxxx Inc., the City recognizes the right of an employee to have a Union representative present at a disciplinary hearing or meeting.
30.4 For the purpose of this section, “disciplinary action” shall not include informal verbal counseling or oral reprimands.
30.4.1 No record of an oral reprimand shall appear in a suspension or dischargemember’s personnel file. Disciplinary actions resulting in However, routine critiques of 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 member’s performance by 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 xxxxxxx. 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 supervisor shall not be implemented until either:defined as an oral reprimand and may be noted in a member’s performance evaluation.
130.5 All personnel records shall be confidential in conformity with applicable State Law. Any dispute concerning the matter is settled, or
2. confidentiality of such records or the employee fails access of members 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 those records shall be finally determined by a court of competent jurisdiction and is not an arbitrable matter under Article 9 of this contract.
30.5.1 Upon request, a member shall have 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 inspect his/her official personnel record wherever kept. Inspection shall be during regular business hours of the respective repository and be conducted under supervision. A member shall have the right to arbitrationmake duplicate copies for his/her own use. No record(s) shall be withheld from a member’s inspection.
30.5.2 A member shall have the right to include in his/her personnel record written refutation of any material he/she considers to be detrimental.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 32.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
32.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative or an attorney at his/her own expense 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 the result of the exercise of his rights under this procedure.
20.02 32.03 An employee may resign following the service of a Notice of Discipline. Any such resignation resig- nation will be processed in accordance with the provisions contained herein Employer's Rules and Regulations and the employeeem- ployee's employment shall be terminated.
20.03 32.04 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 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 xxxxxxx. 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. 32.05 Where the department head appointing authority 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, requested.
32.06 The following administrative procedures shall apply to disciplinary actions:
A. The Chief of Police and the Employee involved are encouraged to settle disciplinary mat- ters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The Chief of Police is encouraged to hold an informal meeting with a copy the Employee for the purpose of discussing the matter prior to the local union president formal presentation of writ- ten charges. The specific nature of the matter will be addressed, and xxxxxxxthe Chief of Police may offer a proposed disciplinary penalty. The Employee is entitled to representation by the Union or an attorney during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the Chief of Police will, within ten (10) working days, prepare a formal Notice of Discipline and present it to the Employee. If no informal meeting is held, the employee grieves Chief of Police may just prepare a 2023-2026 OPBA Police Supervisors Contract 10/6/2023 37 Notice of Discipline and present it to the Employee. The Notice of Discipline will include advice as to the Employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the Employee may choose to accept the proposed suspensiondiscipline or to appeal by filing a grievance with the City Manager, demotion, or removal from service, the Mayor or designee shall convene a hearing at pursuant to Step 3 of the grievance procedureGrievance Procedure. The appeal must be filed at Step 3 within ten (10) calendar days from receipt of the Notice of Discipline.
20.05 32.07 A failure to submit an appeal within the above time limit shall be construed as an agree- ment to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
32.08 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or an attorney as a representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
32.09 The Union on behalf of all the employees covered by this Agreement and its own behalf behalf, hereby waives any and all rights previously possessed by such employees to a Safety Director's inquiry or 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees 11.1.1 The Employer shall have the following rights:
A. An right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee shall may be entitled subject to only Union representation at each step immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness 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 offense in accordance with the provisions contained herein and the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for of just cause. The specific acts Grounds for which discipline is being imposed and the penalty proposed shall be specified or discharge, including immediate discharge are set forth in the Notice Employer's Employee Handbook.
11.1.2 Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is abuse or neglect. A government finding of Discipline. The Notice served on the employee shall contain abuse or neglect is not required for a reference to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident conclusion that the Employer intends to impose discipline that may result in a suspension Bargaining Unit Employee's action 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 actioninaction is defined as such.
20.04 Before any discipline is imposed, 11.1.3 Information requested by 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 xxxxxxx. 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 an Employee grievance which involves direct patient information cannot be released without the express approval by the resident.
11.1.4 Any probationary employee may be discharged or disciplined by the Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees covered shall be the subject of the grievance or arbitration procedure.
11.1.5 A Union Field Representative or advocate may meet and discuss any disciplinary action of a Union member with the Employer. Employees shall be notified by this Agreement the Employer of their right to request union representation, at the beginning of any disciplinary meeting, or investigatory meeting that may lead to discipline. Employees may elect to have an employee or union witness present at any meeting with the Employer that may lead to discipline, so long as the witness is readily available, and its own behalf hereby waives the presence of the witness does not interfere with the operational needs of the Employer.
11.1.6 Employees and the Union Field Representative or advocate will be provided with a copy of any and all rights previously possessed by such employees to appeal any form written notice of disciplinary action (e.g. suspensions, demotion action. The Employer will notify the Union in writing of any discharge 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 suspension 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.forty-eight
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees 30.1 No employee shall be discharged, demoted, or suspended except for just cause and notice of the reasons for such disciplinary action shall be stated in writing and given to the employee affected the Chief Xxxxxxx and the Local President or their designee. Under the normal circumstances, disciplinary action shall be taken by the City within thirty (30) days of when the Department Head or appropriate designee learns of the event giving rise to the disciplinary action. Said thirty (30) day time frame shall not apply to disciplinary actions for abuse of sick leave. The thirty (30) day time frame is delayed in the case of vehicle accidents providing the employee’s Department has an Accident Review Committee which may be a subcommittee of the departmental Safety Committee. The 30-day time frame begins when Department managers meet to discuss the accident following receipt of the Accident Review Committee report.
30.2 Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure and the Union shall have the following rights:
A. An employee shall be entitled right to only Union representation take up matters of suspension, demotion or discharge at each step Step 9.1.3 of the disciplinary procedure.
B. An 30.3 Pursuant to N.L.R.B. x. Xxxxxxxxxx Inc., the City recognizes the right of an employee to have a Union representative present at a disciplinary hearing or meeting.
30.4 For the purpose of this section, “disciplinary action” shall not include informal verbal counseling or oral reprimands.
30.4.1 No record of an oral reprimand shall appear in a member’s personnel file. However, routine critiques of a member’s performance by his/her supervisor shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that defined as an oral reprimand and may adversely affect his hours, wages, or working conditions as be noted in a result of the exercise of his rights under this proceduremember’s performance evaluation.
20.02 An employee may resign following the service of a Notice of Discipline30.5 All personnel records shall be confidential in conformity with applicable State Law. Any dispute concerning the confidentiality of such resignation will be processed in accordance with records or the provisions contained herein and the employee's employment access of members to those records shall be terminatedfinally determined by a court of competent jurisdiction and is not an arbitrable matter under Article 9 of this contract.
20.03 Discipline 30.5.1 Upon request, a member shall be imposed only for just cause. The specific acts for which discipline is being imposed and have the penalty proposed shall be specified in the Notice of Discipline. The Notice served on the employee shall contain a reference right to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. 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 inspect his/her union representative official personnel record wherever kept. Inspection shall be entitled during regular business hours of the respective repository and be conducted under supervision. A member shall have the right to a pre-disciplinary hearing before the employee's department headmake duplicate copies for his/her own use. 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 No record(s) shall be made in writing and served on the employee personally or by registered or certified mail, return receipt request, with withheld from a copy to the local union president and xxxxxxx. 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 proceduremember’s inspection.
20.05 The Union on behalf of all 30.5.2 A member shall have 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 include in his/her personnel record written refutation of any material he/she considers to arbitrationbe detrimental.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An employee shall (a) Where disciplinary action may be entitled to only Union representation at each step necessary, a representative of the disciplinary procedureEmployer shall notify the Employee of the issues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
B. An employee shall not (b) If there are further performance or conduct issues, the Employee will again be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result notified in writing of the exercise of his rights under this procedure.
20.02 An employee may resign following matter and a response requested from the service of Employee. If appropriate, a Notice of Discipline. Any such resignation second warning in writing 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 Employee and xxxxxxxrecorded on the Employee’s personnel file.
(c) In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
(d) In the event of further performance or conduct issues, then the Employee may be terminated after the matters have been investigated and reasons sought from the Employee.
(e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. A “final warning” shall be such that the employee is notified that in the event that there are further performance or conduct issues the employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of serious misconduct.
(f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice. The Employer may be represented by the representative of their choice. While the Disciplinary Procedure may be delayed due to the unavailability of the Employee’s chosen representative, the process will not be unreasonably delayed for this reason.
(g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s.
(h) This clause shall notify not apply until the employee and the Union within seven (7) days after Employee has completed a period of employment with the Employer has knowledge of at least 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 minimum employment period as prescribed in the proposed disciplinary actionFair Work Act 2009.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 All employees shall The following procedure will be adhered to by the Company and the Employees:
(a) Employees who exhibit unsatisfactory performance or behaviour will be counselled so that they understand the standards expected of them, and will be offered assistance and guidance in achieving those standards
(b) Confidential written records of such counselling will be made. The employee will be shown the written record and will have the following rights:opportunity of commenting on its contents whether in writing or orally. The record will be placed on the employee’s file where the employee has been given the opportunity of responding to the record.
A. An (c) Employees whose performance or behaviour is unsatisfactory will be given adequate time to demonstrate a willingness to improve. If at the end of this period the employee shall shows no willingness to improve in the opinion of the Company, then disciplinary action up to and including dismissal may be taken.
(d) Nothing in the procedure will limit the right of the Company to summarily dismiss an employee for serious and wilful misconduct.
(e) At all stages of the disciplinary process the employee will be entitled to have another available employee present as a witness if desired. The union representative may be informed providing employee confidentiality is not breached.
(f) All warnings will only Union representation expire 12 months after the anniversary date of the relevant warning
(a) Procedures Relating To Grievances Of Individual Employees:
(i) The employee is required to notify (in writing or otherwise) the Company as to the substances of the grievance, request a meeting with the Company for bilateral discussions and state the remedies sought.
(ii) A grievance must initially be dealt with as close to its source as possible, with gradual steps for further discussions and resolutions at higher levels of authority.
(iii) reasonable time limits must be allowed for discussions at each step level of authority.
(iv) At the conclusion of the disciplinary procedure.
B. An employee shall not be coerceddiscussions, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as the Company must provide 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 response to the employee's employment shall be terminatedgrievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline (v) Whilst the procedure is being imposed and the penalty proposed shall be specified followed, normal work must continue. During discussions, except in the Notice case 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 xxxxxxx. 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 imposedbona fide safety issue, the employee "status quo" will remain 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, work will proceed without stoppage 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 payany ban, a demotion limitation or removal from service, he shall make such a recommendation restriction. "Status Quo" will mean the situation existing immediately prior to the Mayor and notice of such proposed discipline shall be made in writing and served on dispute or the employee personally or by registered or certified mail, return receipt request, with a copy matter giving rise to the local union president and xxxxxxx. If dispute.
(vi) The employee may be represented by the employee grieves Union.
(vii) Should the proposed suspension, demotionmatter not be concluded, or removal from service, resolved it may be referred to 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 Industrial Relations Commission.
20.06 Discipline shall (b) Procedures Relating To Disputes Etcetera Between Employers And Their Employees
(i) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with gradual steps for further discussion and resolution at higher levels of authority.
(ii) Reasonable time limits must be allowed for discussion at each level of authority.
(iii) Whilst a procedure is being followed, normal work must continue.
(iv) The employees may be represented by the Union..
(v) Should the matter not be implemented until either:
1. the matter is settledconcluded, 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 resolved it may be imposed after the hearing before the Mayor in Section 20.04, subject referred to the Union's right to appeal it to arbitrationIndustrial Relations Commission.
Appears in 1 contract
Samples: Enterprise Agreement
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 (a) Employees in service more than 60 calendar days shall not be coerceddisciplined or dismissed until after a fair and impartial investigation, intimidatedunless they shall accept discipline to be assessed (other than dismissal) in writing and waive formal investigation. Employees may, however, in cases management determines to be serious (such as use of intoxicants, misappropriation of company property, insubordination, or suffer vicious conduct, etc.) be held out of service pending such investigation.
(b) An employee charged with an offense shall be furnished with a letter stating the precise charge or charges against him. No charge shall be made that involves any reprisals either directly matter of which the employing officer has had knowledge fifteen days or indirectly more, except that may adversely affect his hoursin cases where an employee is subject to trial in the courts, wagesthe employing officer may, or working conditions as if he elects, withhold making a result charge on the offense for which the employee is tried until not more than fifteen days after the court's determination of the exercise of his rights under this procedureemployee's innocence or guilt.
20.02 An (c) The investigation shall be held within ten days from the date of the notice of the alleged offense, unless additional time is requested by the company, employee may resign following the service of a Notice of Disciplineor his representative. Any such resignation A decision will be processed rendered within ten days after completion of the investigation.
(d) Investigations shall be held when possible at home terminal of the employee involved, unless otherwise agreed between representatives of the parties. Employees shall have reasonable opportunity to secure the presence of representatives and/or necessary witnesses.
(e) Employees may be accompanied by one or more duly accredited representatives of the organization, who shall be permitted to be present during the entire investigation and ask questions as might develop facts pertinent to the case.
(f) If disciplinary action is taken, a record of the evidence taken at the investigation will be furnished to the employee and his duly accredited representative. Appeals from the decision may be made in accordance with the provisions contained herein and of Rule 34, except that four months shall apply instead of the employee's employment nine-month period.
(g) If charges against the employee are not sustained, they shall be terminated.
20.03 Discipline shall be imposed only for just causestricken from the records. 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 If withheld from service, suspended or discharged, the employee shall contain a reference be returned to datesservice and paid for all time lost, times and places, if possible, and shall also be given to the local union president and xxxxxxx. 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 less any amount earned 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 actionother employment.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All The Company requires all employees shall have to maintain a fair output of work and to follow all reasonable instructions relating to work. Where a Supervisor or Department Manager believes that an employee is: • not working in accordance with required practice; or • is acting in a manner which is affecting reasonable work demands; or • breaching Company Policy; then, the following rights:disciplinary procedure shall be followed: -
A. An (a) The Supervisor will issue an initial warning to the employee in the presence of the employee's chosen representative. Advice of this warning is to be forwarded to the Human Resources Department for placing on the employee's personnel file and a copy given to the employee.
(b) Should a further incident occur, then the employee shall be entitled to only Union representation at each step given a written warning, in the presence of the disciplinary procedure.
B. An employee shall not be coerced, intimidated, Union Representative 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 terminatedchoice of witness and a representative of the Human Resources Department, that any further act or acts may lead to dismissal.
20.03 Discipline shall be imposed only for just cause(c) Depending on the circumstances, any further breaches may attract a final written warning as in (b) above, but which will clearly indicate that any further breaches will lead to dismissal. The specific acts for which discipline Company reserves the right, in cases of further serious and deliberate breaches to terminate the employment at this stage.
(d) Should an action on the part of the employee warrant summary dismissal, then the responsible Manager is being imposed to immediately remove the employee from his or her place of work and advise the Human Resources Department. If it is agreed that the dismissal is to proceed, Human Resources will advise the appropriate union delegate and the penalty proposed dismissal will take place. Nothing in this Clause shall be specified in affect 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 xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge right of the incident that Company to dismiss any employee for misconduct. In cases where an employee is not meeting the Employer intends to impose discipline that may result in a suspension requirements of their core skill, multi-skill/s and or discharge. Disciplinary actions resulting in a reprimand shall allowance/s the disciplinary procedure will 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 headfollowed. If after this hearing the department head decides competency level continues to impose a penalty that does not involve a suspensionbe below required level, demotion, re-grading 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 xxxxxxx. 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 procedureallowance will occur.
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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 All employees (a) Where disciplinary action may be necessary, the management representative shall have notify the following rights:
A. An employee shall be entitled to only Union representation at each step Employee of the disciplinary procedureissues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
B. An employee shall not (b) If there are further performance or conduct issues, the Employee will again be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result notified in writing of the exercise of his rights under this procedure.
20.02 An employee may resign following matter and a response requested from the service of Employee. If appropriate, a Notice of Discipline. Any such resignation second warning in writing 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 Employee and xxxxxxxrecorded on the Employee’s personnel file.
(c) In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
(d) In the event of further performance or conduct issues, then the Employee may be terminated after the matters have been investigated and reasons sought from the Employee.
(e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. A “final warning” shall be such that the employee is notified that in the event that there are further performance or conduct issues the employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of serious misconduct.
(f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of his or her choice, including their union. The Employer shall notify may be represented by the employee and the Union within seven (7) days after the Employer has knowledge representative 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 actiontheir choice.
20.04 Before any discipline is imposed, (g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the employee and hispersonnel file after a period of two (2) years where no further warning/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 xxxxxxx. 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 procedures arise.
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.
Appears in 1 contract
Samples: Enterprise Agreement
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 7.01 Any grievance arising as a result of a disci- plinary measure may be dealt with through the exercise of his rights under this procedureGrievance Procedure.
20.02 7.02 When an employee is suspended or dis- charged as a disciplinary measure, the Union will be advised before the employee leaves the premis- es and, upon request, the Company will make available to the Union the facts of the case as they are known to the Company. The Union, if in pos- session of additional or other facts, will likewise make such facts available to the Company. An employee may resign following will not be denied the service right to have a Union representative present when they are to be suspended or discharged.
7.03 In any case of suspension, discharge, demo- tion or denial of a Notice promotion as a disciplinary measure before a Board of Discipline. Any Arbitration, the Company shall endeavour to establish before the Board that 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 suspension, discharge, demotion or denial of a promotion as a disciplinary measure was made for just cause. The specific acts for which discipline is being imposed , and the penalty proposed Union will endeavour to establish that the suspension, dis- charge, demotion or denial of a promotion as a disciplinary measure was not for just cause or was too severe.
7.04 In the event that any employee covered by this agreement is suspended, discharged, demoted or denied a promotion as a disciplinary measure, and a Board of Arbitration, as provided in Clause finds that the employee has been unfairly sus- pended, discharged, demoted or denied a promo- tion, the employee will be restored to service with seniority rights unimpaired and shall be specified paid the wages and granted the advantages of which they may have been deprived in the Notice manner and to the extent indicated by the Board. An entry made on an Employee’s Personnel File shall not be used as evidence in taking disci- plinary action two years from the date of Disciplinesuch entry, provided that there has been no recurrence of the same misconduct for a period of one year. The Notice served on Prior to an entry being placed in an employ- ee’s Personnel File, it must be initialed by the employee shall contain or in the case of refusal by a reference Union rep- resentative. Within 5 working days of the Company and the Union making all facts of the case available to dateseach other, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge will be advised of the incident that discipline. Any employee absent from work must notify the Employer intends Company. Failure to impose discipline that do so, without justification, may result in disciplinary action. PREGNANCY/PARENTAL LEAVE Pregnant employees, in the interest of their health and safety in the workplace, are encouraged to notify the Health Centre as soon as possible. Details and application of the leave of absence will be administered by the Human Resources Department. The conditions of such a suspension Pregnancy/ Parental or discharge. Disciplinary actions resulting in a reprimand Parental Leave of Absence shall be imposed within ten in accordance with the Employment Standards Act of Ontario. In all cases employees must notify the Human Resources Department at least two weeks prior to the leave of absence commencing.
(10A) days after PROMOTION When an employee begins to perform a higher rated job, they will immediately be paid the Employer has knowledge rate 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 actionjob to which they are transferred.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. 6.1 An accusation of misconduct against an employee shall be entitled brought in writing before the Municipal Manager or his authorised representative for investigation. If the Municipal Manager or his representative is satisfied that there is prima facie cause to only Union representation at each step believe an act of misconduct has been committed, he may institute disciplinary proceedings. The employer shall proceed forthwith or as soon as reasonably possible with a disciplinary enquiry.
6.2 Depending on the seriousness of the disciplinary procedure.
B. An employee shall not be coercedmisconduct, intimidated, the Municipal Manager or suffer any reprisals his representative may refer the matter before either directly a Departmental Enquiry 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 DisciplineDisciplinary Tribunal. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment A Departmental Enquiry proceeding shall be terminated.
20.03 Discipline shall be imposed reserved only for just causematters where the competent sanction is a verbal or final written warning. 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 In proceedings before a Departmental Enquiry the employee shall contain enjoy the same rights as he would have had before a reference to dates, times and places, if possible, and shall also be given to Disciplinary Tribunal.
6.3 If in the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge opinion of the incident that Municipal Manager or his representative the Employer intends to impose discipline that misconduct is serious and may result in a suspension sanction of suspension. Demotion or dischargedismissal, a Disciplinary Tribunal shall be established to conduct the enquiry.
6.4 In which event:
6.4.1 The Municipal Manager or his authorised representative shall constitute a Disciplinary Tribunal by appointing a suitably qualified person to serve vas the Presiding Officer. Disciplinary actions resulting In general a person appointed to serve as the Presiding Officer should be a senior employee in the employ of the Employer. However, if this is not possible or desirable, any other suitably qualified person may be appointed.
6.4.2 The Municipal Manager or his authorised representative shall also appoint a person to be referred to as the Prosecutor to represent the employer and to serve the function of prosecution. In general a person appointed to serve as Prosecutor should be a person in the employ of the Employer. However if this is not possible or desirable any suitably qualified person may be appointed.
6.5 The Prosecutor shall, within five (5) days of his appointment, formulate and present the charges to be brought against the employee. The charge(s) is (are) to be set out in a reprimand shall Notice of Misconduct detailing:
6.5.1 The alleged misconduct as is contemplated in annexure “A” hereto.
6.5.2 The time, date and venue at which the enquiry will be imposed within ten (10) days after the Employer has knowledge conducted.
6.5.3 The name of the incident. Notice of Presiding officer and the Prosecutor and the address at which notices and correspondence may be served on the 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 actionTribunal.
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 6.5.4 The fact 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 appoint a representative of choice who may be a fellow employee shop xxxxxxx, union official and if this is not possible or desirable, any suitably qualified person; and
6.5.5 The fact that if the department head seeks as employee or his representative fails to attend the enquiry it may be conducted in absentia.
6.5.6 The employee should, whenever possible, acknowledge receipt of the notice.
6.5.7 The disciplinary enquiry should commence on a penalty date not less than five (5) days or more than fifteen (15) days calculated from the imposition date of a suspension without payservice of the Notice of Misconduct on the employee.
6.5.8 The period referred to in 6.5.7 above may be varied by agreement and failing agreement, a demotion or removal from service, he shall make such a recommendation either party may apply 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 xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 Disciplinary Tribunal for an extension of the grievance procedureperiod.
20.05 6.5.9 The Union Disciplinary Tribunal, on behalf good cause shown, may extend any period of all the employees covered time fixed by or under this Agreement clause provided a return date is fixed 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 Commissionmade certain.
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.
Appears in 1 contract
Samples: Disciplinary Procedure
Disciplinary Procedure. 20.01 A. The intent and purpose of this Article is to provide for progressive disciplinary action. Disciplinary action may be imposed upon an employee only for failure to fulfill the employee’s job responsibilities or for improper conduct while on the job. Disciplinary action may only be taken for criminal conduct while not on the job if the conduct damages the District’s reputation, prevents the grievant from reporting to work due to incarceration, or if the employee is proved to be unsuitable for work due to the specific nature of the criminal misconduct. All employees shall have the following rights:
A. An employee disciplinary action shall be entitled to only Union representation at each step of the disciplinary procedurefor just cause.
B. An employee In any case where disciplinary action is taken by the Employer, the following procedure may be followed:
1. Discussion of problem
2. Oral reprimand
3. Written reprimand included in personnel file
4. Suspension without pay
5. Dismissal Nothing in the aforementioned procedure shall not prevent the Employer from taking immediate and appropriate disciplinary action, should it be coercedrequired by the circumstances, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of with proper notice to the exercise of his rights under this procedureUnion.
20.02 An employee may resign following the service of C. Notification within a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment reasonable time 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 xxxxxxx. 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 Xxxxxxx prior to impose discipline that any disciplinary action taken against any member which may result in any official entries being added to the member’s personnel file. The employee and Union shall be furnished with a suspension copy of any entry made into the file. A notation of oral reprimand by date and subject only may be placed in the file.
D. No employee shall be requested to make any written or dischargeoral statement pertaining to any alleged misconduct without first having the opportunity of discussing it with the Union representative. Disciplinary actions resulting in a The employee will have at least twenty-four (24) hours to submit any written statement.
E. Should it become necessary to reprimand any employee, the reprimand shall be imposed within ten (10) days after given so as not to cause embarrassment to the employee before other employees or the public.
F. The Employer has knowledge may modify a disciplinary action except that the severity of the incidentaction shall not be increased but may be lessened.
G. Upon request, an employee’s official personnel file may be reviewed. Notice of Disciplinary actions resulting in a suspension or discharge Such request shall be issued complied with within sixty two (602) days after the Employer has knowledge days. After one (1) year of the incident resulting satisfactory service, no disciplinary matters appearing therein shall be used in the proposed any subsequent disciplinary action.
20.04 Before any discipline is imposed, the H. Disciplinary action which shall result in suspension or discharge of an employee and his/her union representative shall be entitled immediately subject 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 xxxxxxx. 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 procedureGrievance Procedure.
20.05 The Union on behalf of all I. Among reasons for dismissal are 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 following (e.g. suspensions, demotion or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:inclusive):
1. the matter is settled, orUnsatisfactory or incompetent work performance or neglect of duty.
2. the employee fails to file a grievance within the time frame provided by this procedure, orPersonal misconduct.
3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitratorPersistent violation of policies, orregulations and laws.
4. Insubordination. 5. Chronic absenteeism or tardiness.
1. Use or unlawful possession of narcotics or controlled substance.
2. Unlawful possession of a firearm or other lethal weapon on school property.
3. Unauthorized removal of school property from the penalty may premises, theft.
4. Willful destruction of school property.
5. Aggressively fighting or assaulting another person on school property.
6. Intoxication on duty. The consumption or possession of alcoholic beverages on school property is forbidden. Employees presenting themselves for work under the influence of alcohol or with the odor of alcohol on their breath will be imposed after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitrationimmediate discharge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An employee shall be entitled to only Union representation at each step Any issue concerning application 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 provisions 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 procedure will be processed resolved strictly in accordance with the these provisions contained herein and the employee's employment in accordance with our Quality Assurance Procedures.
i) First Written Counselling Employees who exhibit unsatisfactory performance or behaviour shall be terminated.counselled so that they understand the standards expected of them and will be offered assistance and guidance in achieving their standards. Confidential written records will be kept (First Written Counselling Form - see appendix 3 form
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 1) on the employee shall contain a reference to datesany counselling undertaken, times and places, if possible, and shall also be copy given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7employee’s file marked accordingly. Following this discussion, the supervisor shall report the matter to the Project Manager and/or the Divisional Manager in writing using the First Written Counselling Form. A copy shall also be supplied to the union delegate.
ii) days after Final Written Counselling Where the Employer has knowledge of the incident that the Employer intends to impose discipline that may result in same or similar behavior continues 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 second formal warning shall be issued within sixty in writing (60Final Written Counselling Form - see appendix 3 form 2) days after as in i) immediately above. The written counselling shall state that unless the Employer has knowledge of employee’s behaviour improves the incident resulting in the proposed disciplinary action.
20.04 Before employee’s services will be terminated. Confidential written records will be kept (Final Written Counselling Form) on any discipline is imposedcounselling undertaken, copy given to the employee and his/her the employee’s file marked accordingly. Following this discussion, the supervisor shall report the matter to the Project Manager and/or the Xxxxx ional Manager in writing using the Final Written Counselling Form. A copy shall also be supplied to the union representative delegate.
iii) Termination Where the same, or similar behavior is repeated a Termination Interview will be conducted by the Project Manager or Divisional Manager to determine if the employees services are to be terminated. The termination interview shall be entitled to a pre-disciplinary hearing before completed using the employee's department head. If after this hearing appropriate form (Termination Interview Form, see appendix 3 form 3) and shall be conducted in 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, presence of another member of management and the employee may grieve itunion delegate.
iv) Instant Dismissal There will be occasions when the warning system is not appropriate such as serious misconduct, in which case instant dismissal is the appropriate procedure. Where The employee’s Delegate shall, where applicable, be informed of 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 circumstances prior 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 xxxxxxx. 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 proceduredismissal.
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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 All employees 1. When the County Office determines that sufficient cause exists for disciplinary action to be taken against an employee, the County Office shall have serve formal notice to that effect upon the following rights:employee. Such notice shall be presented to the employee by personal delivery, or by being placed in the United States mail, postage prepaid, addressed to the last known address of the employee.
A. An 2. The employee shall be entitled to only Union representation an informal pre-hearing (Xxxxxx) on the charges with the appropriate administrators, whether or not the employee demands a formal hearing on the charges. The employee shall be entitled to have a representative of his choice at each step of the disciplinary procedurepre-hearing.
B. An employee 3. The notice 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 state 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 specific charges against the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for just cause. The specific , citing names, dates, times, locations and circumstances of alleged acts for or omissions upon which discipline is being imposed and to be based. If it is alleged the penalty proposed employee has committed any of the grounds for disciplinary action contained in Section F, such grounds shall be specified set forth in the Notice of Disciplinenotice. The Notice served on notice shall set forth the charges against the employee with such clarity and specificity, in ordinary and concise language, that the employee may be fully informed of their exact nature.
4. Included with the notice shall be a Demand for Hearing form, the signing and return of which by the employee shall contain constitute a reference to dates, times denial of all charges and places, if possible, and shall also be given to a demand for hearing on the local union president and xxxxxxxcharges. The Employer employee shall notify the employee and the Union within have not less than seven (7) calendar days after the Employer has knowledge from receipt of the incident that notice in which to return the Employer intends Demand for Hearing form to impose discipline that may result in the County Office and demand 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 actionhearing.
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 xxxxxxx5. If the employee grieves demands a hearing on the proposed suspension, demotion, or removal from servicecharges, the Mayor or designee County Office shall convene obtain the services of a hearing officer to conduct the hearing. The hearing shall be conducted at Step 3 the convenience of the grievance procedurehearing officer. The technical rules of evidence shall not apply. The hearing shall be conducted in open or closed session, based upon the wishes of the employee.
20.05 6. The Union employee shall have the right of counsel or representation of his/her choice at the hearing. He/she shall have the right to present evidence, testimony and witnesses on behalf his/her behalf, and the right to cross-examine witnesses of all the employees covered by this Agreement County Office. The burden of proof shall remain with the County Office, and its own behalf hereby waives any and all rights previously possessed by such employees the standard to appeal any form be met shall be preponderance of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commissionevidence.
20.06 Discipline 7. The hearing officer shall issue a written decision following conclusion of the hearing, which shall be provided to the Superintendent and the employee. In his decision, the hearing officer shall issue judgment on each charge and specification contained in the original charges, and on the charge as a whole. The decision shall contain a recommendation for discipline, if any, as found appropriate by the hearing officer. The hearing officer’s recommendation may sustain or reject the original charges and proposed discipline in whole or part, with amendments thereto, but may not recommend discipline greater than that originally proposed by the County Office.
8. The Superintendent shall act upon the hearing officer’s recommendations. If the Superintendent’s action includes the imposition of discipline on the employee, the effective date(s) of such discipline shall be implemented until either:
1indicated. If the matter is settled, or
2. charges are rejected and the employee fails fully reinstated to file a grievance within his position, the time frame provided by this procedure, or
3. Superintendent shall rule on 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 arbitrationissue of back pay.
Appears in 1 contract
Samples: Classified Negotiated Agreement
Disciplinary Procedure. 20.01 All employees a. Wherever appropriate, disciplinary action will only be taken after the performance, conduct or behaviour of an employee has been addressed with that employee.
b. Where disciplinary action may be necessary, the management representative shall have notify the following rights:
A. An employee shall be entitled to only Union representation at each step of the disciplinary procedure.
B. An reason(s) in writing and the 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 given an opportunity to respond to these reasons. In the provisions contained herein and event that the employee's employment shall explanation is deemed by the management to be terminatedunsatisfactory, a first warning may be issued. This warning will be recorded on the employee's personnel file.
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 c. If there are further performance or conduct issues, the employee shall contain will again be notified in writing of the matter and an explanation requested from the employee. If appropriate, a reference to dates, times and places, if possible, and shall also second warning in writing will be given to the local union president employee and xxxxxxxrecorded on the employee's personnel file.
d. In the event of further performance or conduct issues, the employee will again be notified in writing of the matter and an explanation requested. The Employer shall notify If appropriate, a final written warning will be issued to the employee and recorded on the Union within seven (7) days employee's personnel file.
e. In the event of further performance or conduct issues, then the employee may be terminated after the matters have been investigated and an explanation sought from the employee.
f. Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer has knowledge of may also issue a "final warning" in the incident first instance. A "final warning" shall be such that the Employer intends to impose discipline employee is notified 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 actionevent that there are further performance or conduct issues the employee may be terminated. Further, summary dismissal of an employee may still occur for acts of "serious misconduct".
20.04 Before any discipline is imposedg. During all steps in the Disciplinary Procedure, the employee and hishas the right to representation of their choice. The employer may be represented by the representative of their choice
h. Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/her union representative s.
i. This clause shall be entitled not apply:
(i) To casual employees;
(ii) until the Employee has completed a period of employment with the Employer of at least the minimum employment period as prescribed in the Act.
j. An employee who seeks to a pre-disciplinary hearing before appeal 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 outcome of a suspension without pay, a demotion or removal from service, he shall make such a recommendation disciplinary process may use Cl. 9 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 xxxxxxx. 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 procedureresolve their dispute.
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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 All employees shall have (a) The parties agree that the objective of the procedures in this clause is the management of misconduct in a manner fair to employees.
(b) If a supervisor forms the view that an employee under his/her managerial control has engaged in misconduct, he/she will utilise the following rightsprocedures: (i) the supervisor shall discuss the alleged misconduct with the employee, and afford the employee an opportunity to respond; (ii) after considering the employee's response, the supervisor will decide on appropriate action to be taken and will inform the employee of that decision; and (iii) the supervisor will afford the employee an opportunity to respond to the proposed action to be taken.
(c) If the supervisor forms the view, after utilising the procedures in sub-clause (b) above, that the employee should receive a written warning, the supervisor shall utilise the following procedures:
A. An (i) the supervisor shall provide the employee shall be entitled to only Union representation at each step with a written warning outlining the nature of the disciplinary proceduremisconduct and any response by the employee; and (ii) the supervisor shall provide a copy of the written warning in sub-clause (c)(i) above to the Personnel Officer for placement on the personnel file of the employee.
B. An (d) If the supervisor forms the view, after utilising the procedures in sub-clause (b) above, that the employment of the employee should be terminated, the supervisor shall utilise the following procedures:
(i) the supervisor shall inform the Chief Executive and the relevant Branch Head of the view that employment of the employee should be terminated; (ii) the Chief Executive shall investigate the matter and, if after such an investigation he/she supports the view that the employment of the employee should be terminated, the Chief Executive shall: • first, advise the employee that he/she is to show cause why his/her employment should not be coercedterminated; • then, intimidatedconsider the response of the employee; and • finally, decide whether to terminate the employment or suffer any reprisals either directly or indirectly advise the employee of alternative action to be taken; (iii) if the Chief Executive determines that termination of employment is not warranted, he/she may adversely affect his hours, wages, or working conditions take alternative action as a result of the exercise of his rights under this procedure.
20.02 An employee misconduct. Alternative action may resign following the service of include: • a Notice of Discipline. Any such resignation written reprimand which will be processed in accordance with the provisions contained herein and placed on the employee's employment shall be terminatedpersonal file; and/or • reduction in classification or salary point (either on a permanent or temporary basis); and/or • transfer to another position within the HCA; and/or • suspension from duty for a specified period (with or without pay).
20.03 Discipline shall (e) The parties agree that an employee may be imposed only assisted or represented by another person in utilising the procedures outlined in this clause. (f) The parties agree that the action which may be taken against an employee for just cause. The specific acts for which discipline engaging in misconduct 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 not limited to the local union president action outlined in sub-clauses 35(c) and xxxxxxx. The Employer shall notify the employee and the Union within seven (735(d) days after the Employer has knowledge of the incident but that the Employer intends to impose discipline that may result Chief Executive will take such other action 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 manner which is imposed, the employee and his/her union representative shall be entitled fair 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 xxxxxxx. 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.
Appears in 1 contract
Samples: Collective Agreement
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 on employees of the Bargaining Unit only for just cause. The specific acts for which An employee whose work or conduct is of such character as to incur discipline is being imposed and shall first be specifically warned in writing by his/hertheir supervisor. Such warning shall state the penalty proposed shall be specified in reasons underlying any intention the Notice supervisor may have of Disciplinerecommending any disciplinary action. The Notice served on supervisor shall give a reasonable period of advance warning to permit the employee shall contain to correct the deficiency without incurring disciplinary action. Some employee behavior, including but not limited to acts of a reference to dates, times and places, if possible, violent or criminal nature may be grounds for immediate discipline and shall also be given to not require the local union president and xxxxxxxwritten warning described above. The Employer shall notify When 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 City seeks as a penalty the imposition of a suspension without payany disciplinary punishment, a demotion or removal from service, he shall make such a recommendation to the Mayor and notice of such proposed discipline action shall be made in writing and served on the employee personally in person or by registered or certified mail, return receipt requestRegistered mail upon the employee, with a copy to the local union president Union. The notice shall include:
a. The specific charge(s) against the employee, which shall include times, dates, and xxxxxxxlocation of chargeable actions or omission;
b. The penalty proposed;
c. A statement of the employee’s right to respond, either orally or in writing, and the date of the response meeting, which shall be at least ten (10) days from the notice;
d. Notice that if the employee does not submit a written request to the Personnel Officer within ten (10) days, he/shethey shall have waived the right to appeal the action. The notice referred to in Section 15.2 shall be accompanied by copies of all materials upon which charges are based. If the employee grieves fails to request the proposed suspension, demotion, or removal from serviceopportunity to respond, the Mayor City may proceed to order the action. If the employee requests the opportunity to respond, the response meeting shall be held as specified in the notice unless changed by mutual agreement in writing. The response meeting shall not constitute a formal hearing, and there shall be no right to call witnesses. An employee may be represented by a representative of his/hertheir choice. The appointing authority shall issue an order taking or designee shall convene a hearing determining not to take action at Step 3 the conclusion of the grievance procedure.
20.05 meeting. The Union on behalf of all the employees covered by this Agreement decision shall be put in writing 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. served upon the employee fails to and the Union within five (5) days following the meeting. An employee may file an appeal from the appointing authority’s action within ten (10) days of receipt of said decision. The Personnel Officer shall schedule any disciplinary hearing within a grievance within the reasonable 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 filing of the Mayor in Section 20.04employee’s request, subject to considering the Union's right to appeal it to arbitrationavailability of the advisory arbitrator and the convenience of the employee and the witnesses.
Appears in 1 contract
Samples: Memorandum of Understanding
Disciplinary Procedure. 20.01 All (a) As per Article 3.02(a) above, Permanent employees may be disciplined, demoted or discharged only with just cause. In determining just cause, the Company and the Association agree that the principle of progressive discipline is to be applied to all disciplinary matters and in general that discipline is to be corrective and not punitive. Steps in the disciplinary process may be skipped depending on the seriousness of the situation and all of the surrounding circumstances.
(b) If the Company decides to discipline/discharge an employee, the Company will do so as soon as is reasonably practical after becoming aware of a matter that may be an infraction and after it has had a reasonable period of time to investigate the matter. Notwithstanding the above, no discipline will be issued later than fourteen (14) calendar days of the date when the offence became known to the Company, unless the employee is absent or the Company, acting reasonably, requires more time for its investigation, in which case the Association will be notified.
(c) If the Company decides to discipline/discharge an employee, following its investigation, it shall have the following rightsproceed as follows:
A. An i) In normal circumstances, the Company will convene a meeting for that purpose. At the outset of the meeting, if the employee attends without an Association Representative, the employee will be advised of his right to have an Association Representative present before anything else is discussed. If the employee decides to have an Association Representative present, the meeting shall be adjourned until the Association Representative arrives. If the employee decides to not have an Association Representative present, he shall sign a waiver to that effect (in the form appended to this Agreement) before the meeting can continue. Following the disciplinary meeting, the Company will give notice in writing of the discipline and the reasons for it to the employee and, if present at the meeting, the Association Representative.
ii) In extraordinary circumstances, if the Company, in its reasonable discretion, determines that an employee is violent, extremely disruptive, or apparently under the influence of an intoxicating substance, the Company may remove the employee from the premises until such time as a meeting can be convened. The Company shall provide immediate notice in writing of a suspension (paid or unpaid) pending final determination and the time for a meeting. A copy of such notice will be provided to an Association Representative, who will attend at the subsequent discipline meeting, unless the employee decides otherwise.
(d) In normal circumstances, when an employee is discharged and the circumstances permit, and when an Association Representative has been in attendance at the meeting, the employee shall be entitled allowed to only Union representation at each step meet with the Association Representative for a reasonable period of time (not to exceed twenty (20) minutes) in privacy before the employee leaves the Company's premises.
(e) Disciplinary records shall be removed (and have no further effect) from an employee’s file after the period as set out below provided there is no further discipline during the said period: Verbal/Written Warning Twelve (12) months (from the issuance 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 Suspension Twenty-four (24) months (from the issuance of the exercise discipline), except in situations of his human rights under this procedure.
20.02 An employee may resign following harassment, violence, theft or fraud, in which case the service of a Notice of Discipline. Any such resignation will discipline shall be processed in accordance with the provisions contained herein and permanently on the employee's employment record
(f) A claim by an employee that he has been unjustly discharged shall be terminated.
20.03 Discipline shall be imposed only for just causetreated as a grievance beginning at Step No. The specific acts for which discipline 3 provided such claim is being imposed and lodged with 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 xxxxxxx. 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 Company no later than ten (10) working 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 following 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 xxxxxxx. 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 proceduredischarge.
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.
Appears in 1 contract
Samples: Collective Agreement
Disciplinary Procedure. 20.01 All employees shall have A. The intent and purpose of the following rights:is to provide for progressive disciplinary action. Disciplinary action may be imposed upon an employee only for failure to fulfill the employee's job responsibilities or for improper conduct while on the job. Nothing in this Article shall prevent the Employer from taking immediate and appropriate disciplinary action should it be required under the circumstances, with verbal notice at the time such immediate action is taken and proper written notice as soon as possible thereof to the Union.
A. An B. Notification within a reasonable time shall be given to the xxxxxxx or Union representative regarding any disciplinary action being taken against any employee that may result in any official entries being added to their personnel file. The employee shall be furnished a copy of any new entry prior to its introduction into the file. There shall be only one official personnel file which shall be maintained in the offices of VBPT.
C. The xxxxxxx or another representative of the Union shall be present whenever possible at the time disciplinary action is imposed and shall represent the employee at all levels of disciplinary proceedings. All disciplinary actions shall be subject to the grievance procedure or the employee may seek such other remedies as may be available at the employee's option. The employee shall be entitled to only Union representation at each one method of relief, i.e. either the grievance procedure or such other legal or administrative action as may be available (e.g. veterans preference, civil rights complaint), but in no event shall the employee be entitled to utilize the final step of the disciplinary procedure.
B. An employee shall not be coerced, intimidated, grievance procedure when he or suffer any reprisals either directly she has filed a legal or indirectly administrative action premised upon the same facts or circumstances 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 give rise to the local union president and xxxxxxx. 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 xxxxxxxgrievance. If the employee grieves chooses to pursue an administrative or legal remedy outside of the proposed suspensionagreement, demotionthen this shall constitute an election of remedies and shall automatically result in the dismissal of a pending arbitration or preclude submitting the matter to arbitration. This is true, even though the employee subsequently withdraws the administrative or removal from service, the Mayor legal action. Oral or designee written reprimands shall convene a hearing at Step 3 not be processed above Level Three of the grievance procedure.
20.05 The D. Before any employee shall be required to make any oral or written statement or reply pertaining to any alleged misconduct on his/her part, the matter shall first be discussed between the employee, a Union on behalf of all representative and the employees covered by this Agreement and its own behalf hereby waives supervisor.
E. In any and all rights previously possessed by such employees to appeal any form of case where employee disciplinary action is necessary, the following order of procedure shall be followed (e.g. suspensions, demotion or discharge) to any Civil Service Commissionexcept where the gravity of the misconduct warrants the more severe discipline).
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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. Where the Employer seeks the imposition of a loss of leave credits or other privilege, written reprimand, fine, suspension without pay, reduction in grade, or dismissal from service, notice of such discipline shall be made in writing and served, in person, or by registered or certified mail, upon the employee. The specific acts conduct for which discipline is being imposed and the penalty proposed shall be specified in the Notice of Disciplinenotice. The Notice notice served on the employee shall contain a detailed description of the alleged acts and conduct including reference to dates, times and places, and if possiblethe Employer claims that the employee has been charged with a crime for the alleged acts, and the notice of discipline must identify the specific section of the Penal Law or other statute which the Employer claims the employee has been charged with violating, if known by the Employer. The employee shall also be provided with two copies of the notice which shall include the statement, "You are provided two copies in order that one may be given to your representative. Your Union representative is Bethlehem Police Supervisors Association."
B. The Union shall be notified of the local union president and xxxxxxx. The Employer shall notify name of the employee and the Union in writing within seven (7) days after the Employer has knowledge 24 hours of the incident that service of a notice of discipline.
C. The penalty proposed will be implemented unless the Employer intends to impose discipline that may result in employee (1) files a suspension or discharge. Disciplinary actions resulting in a reprimand shall be imposed disciplinary grievance within ten (10) days after of service of discipline, or (2) having timely filed a grievance, files a timely appeal to disciplinary arbitration or (3) having timely appealed a disciplinary arbitration, to the Employer has knowledge extent ordered by the Disciplinary Arbitrator or pursuant to a settlement.
D. The notice of discipline may be the subject of a disciplinary grievance which shall be served upon the Chief of Police in person or by registered or certified mail within 14 days 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 date of the incident resulting in the proposed disciplinary action.
20.04 Before any notice of discipline is imposed, by the employee and his/her union representative or the Union. The employee or the Union shall be entitled to a pre-meeting to present his/her position to the Chief of Police or his/her designee within 7 days of the receipt of a 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 servicegrievance and upon consideration of such position, the department head may impose Chief of Police shall advise the penalty, and the employee may grieve it. Where the department head seeks as a penalty the imposition Union 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 his/her response 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 xxxxxxxmail within seven days of such meeting. If the employee grieves the proposed suspension, demotion, disciplinary grievance is not settled or removal from serviceotherwise resolved, the Mayor employee or Union shall be entitled to a meeting to present his/her position to the Town Supervisor or his/her designee shall convene a hearing at Step 3 within seven days of the grievance procedureservice of the Chief of Police's response, and upon consideration of such position, the Town Supervisor shall advise the Union of his/her response in writing by registered or certified mail within seven days of such meeting.
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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall 21.1 When there is cause to believe that an employee may have committed a misconduct, the following rights:procedure will be followed:-
A. An 21.2 The Company will investigate the facts and circumstances of the alleged misconduct. It may be appropriate for the employee concerned to be stood down without loss of pay during this process.
21.3 The Company will then conduct an interview of the employee. It would be appropriate for a second member of management to be present at the interview as well as the employee’s chosen representative (if requested by the employee or the Company) or another nominated or responsible employee acceptable to the employee being disciplined.
21.4 During the interview the employee shall be entitled to only Union representation at each step informed of the disciplinary procedurenature of the problem and shall be given a reasonable opportunity to defend himself/herself against the allegations and to explain his/her actions.
B. An 21.5 In circumstances where the employee shall does not give a satisfactory explanation of his/her actions and disciplinary action is to be coercedtaken, intimidatedcertain details of the interview should be recorded, such as :-
(a) The nature of the poor work performance or suffer any reprisals either directly unsatisfactory conduct and the specific details.
(b) Date/s of poor work performance or indirectly that may adversely affect his hours, wages, unsatisfactory conduct (if available)
(c) Clarification of the improvements required of the employee to correct the problem and when the improvements are expected.
(d) A warning which makes clear the consequences if the employee does not correct the problem ie. the possible or working conditions definite termination of employment
(e) Date and time of review.
(f) Provision should be made for signature of the parties present at the interview.
21.6 A copy of the record of interview will be supplied to the employee as well as a result formal written warning.
21.7 A copy of the exercise record of his rights under this procedure.
20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation interview and each written warning will be processed in accordance with the provisions contained herein and kept on 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 xxxxxxx. 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, ’s personal file with the employee and his/her union chosen representative having access to such reprimand documents if they so wish.
21.8 If the employee’s representative and the employee do not agree with the disciplinary action proposed by the Company, then a cooling off period of seven days shall be implemented.
21.9 Where the issue is one of summary dismissal due to serious misconduct the employee may seek and will be granted one week’s leave without pay if the cooling off period is invoked. A cooling off period will not prejudice the right of the Company or the organisation that is the employee’s chosen representative to take action regarding the employee after expiry of the cooling off period.
21.10 Except in cases of serious misconduct justifying instant dismissal, an employee will be formally warned at least twice about their conduct before being dismissed in accordance with this clause.
21.11 The Company shall be entitled to dismiss an employee under this clause when the employee is found guilty of misconduct in accordance with the above procedures within one year of receiving a pre-final written warning.
21.12 Where an employee is found guilty of misconduct more than one year after receiving a final warning, the disciplinary hearing before action to be taken will be based on the employee's department head. If after this hearing the department head decides to impose a penalty that does not involve a suspension’s overall employment history, 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 each case being decided on the employee personally or by registered or certified mail, return receipt request, with a copy to the local union president and xxxxxxx. 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 procedureits own merits.
20.05 21.13 In certain cases the Company may consider the suspension of an employee as being preferable to dismissal. In such cases the Enterprise Consultative Committee will be asked to endorse the employee’s suspension from work without pay as an alternative to dismissal. The Union on behalf maximum period 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 Commissionsuspension is two weeks.
20.06 Discipline shall not 21.14 These procedures in no way limit the Company’s rights of summary dismissal where an employee is found to 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 arbitrationguilty of serious misconduct.
Appears in 1 contract
Disciplinary Procedure. 20.01 All employees shall have Where the employer seeks to discipline an employee, or terminate an employee, the following rightssteps will be observed:
A. An (i) In the event that an employee shall commits a misdemeanour, the employee’s immediate supervisory or any other officer so authorised, may exercise the employer’s right to reprimand the employee so that the employee understands the nature and implications of his/her conduct.
(ii) The first two reprimands will take the form of warnings, and if given verbally, will be entitled to only Union representation at each step confirmed in writing as soon as practicable after the giving of the disciplinary procedurereprimand.
B. An (iii) Should it be necessary, for any reason, to reprimand an employee shall three times in a period not exceeding twelve months continuous service, the contract of service will, upon the giving of that third reprimand, 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 terminable in accordance with the provisions contained herein and of the employee's employment shall be terminatedaward.
20.03 Discipline shall be imposed only for just cause. (iv) The specific acts for which discipline above procedure is being imposed and meant to preserve 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 xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge rights of the incident that individual employee, but it will not, in any way, limit 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 right of the incidentemployer to summarily dismiss an employee for gross misconduct. Notice Registered Nurses
1. Salary packaging in accordance with the terms and conditions of Disciplinary actions resulting in a suspension or discharge shall this Agreement will 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 xxxxxxx. 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 optional for 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 Agreement. The salary package will not increase the total cost of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commissionemployment.
20.06 Discipline shall not be implemented until either:
1. the matter is settled, or
2. Employees will elect in writing whether or not they wish to have their salary packaged in accordance with this agreement and, if so, the employee fails to file level of packaging will not exceed the maximum level of $30,000 ‘grossed up value’ permitted under the tax laws not incurring a grievance within fringe benefits tax liability on the time frame provided employer. These arrangements may be altered by this procedure, orwritten agreement between the employer and the employee
3. An employee may vary or cancel the penalty is upheld remuneration package arrangement by the arbitrator or a different penalty is determined by the arbitrator, orgiving of four week’s notice.
4. Employees who elect not to have their salary packaged will be paid in accordance with the penalty may relevant wage levels as set out in this Agreement. Employees who, initially, elect not to have their salary packaged may, subsequently, seek agreement with the employer, in writing, to have their salary packaged in accordance with these conditions.
5. Employees who participate in salary packaging are required to seek independent financial advice prior to their entering into salary packaging.
6. Salary packaging will not apply to casual employees who are covered by this Agreement.
7. In the event that changes in legislation, Income Tax Assessment Act determinations or rulings, particularly in respect of the employer’s capacity to maintain the salary packaging arrangements offered to employees under this Agreement, the employer will be imposed after entitled to withdraw from the hearing before salary packaging arrangements by giving notice to each affected employee with effect from the Mayor date the legislation becomes operative.
8. The employer will not exercise the right to withdraw from the salary packaging arrangements unless there is a change in Section 20.04, subject the fringe benefits tax laws (or the interpretation of such laws) or the imposition of any other state or federal tax or charge which make salary packaging no longer cost neutral to the Union's right employer.
9. The cancellation of salary packaging does not cancel or otherwise effect the operation of this Agreement.
10. The employee will revert to appeal it to arbitrationtheir normal wage from the effective date of terminating the salary packaging arrangement.
Appears in 1 contract
Samples: Collective Workplace Agreement
Disciplinary Procedure. 20.01 All employees shall have In any instance in which the following rights:
A. An employee Appointing Authority / Department Head seeks to discipline an em- ployee, a written notice of discipline shall be entitled to only Union representation at each step served upon the employee. Service 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 xxxxxxx. 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 personal service, if possible. If such service cannot be effectuated by personal service, it shall be made by registered or certified mail, return receipt request, with requested. The notice shall contain the reason(s) for the discipline including a copy to the local union president and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 description of the grievance procedure.
20.05 The Union on behalf alleged acts of incompetence and/or misconduct and the dates, times and places such acts occurred. Said notice shall also include the penalty the Employer is seeking. A copy of the notice shall be served concurrently upon the Unit President. An employee who is suspended without pay or where the penalty sought is termination shall be allowed to waive all steps of the employees covered by procedures contained in this Agreement Article prior to arbitration and its own behalf hereby waives any proceed directly to final 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 binding arbitration. An employee shall not be implemented until either:
1disciplined for acts which occurred more than eighteen (18) months prior to the notice of discipline except where the incompetence or misconduct complained of and described in the charges would constitute a crime pursuant to the Laws of the State of New York. No employee shall be required to submit to an interrogation by the matter Employer if the information sought is settledto be used against the employee in a disciplinary proceeding; to submit to an interrogation after a notice of discipline has been served on such employee or to submit to an interrogation after an employee’s resignation has been requested, or
2unless the employee is notified in advance that they have the right to have union representation during such proceedings. In no event, shall the employee be suspended for more than ten (10) working days. Any suspension beyond ten (10) working days must be with pay, subject to a final decision of an arbitrator. In the event the Employer terminates an employee, said employee shall be restored to full pay status upon the thirty-first calendar day after termination, pending the outcome of the arbitrator’s decision. In the event a disciplined employee fails to file a grievance within cooperate with the time frame provided by this proceduredisciplinary procedure and in particu- lar fails to respond as appropriate and necessary to union representation regarding processing of the employee’s arbitration, or
3. there shall be no obligation for the penalty is upheld by the arbitrator or a different penalty is determined by the arbitrator, or
4. the penalty may be imposed Employer to commence pay after the hearing before the Mayor in Section 20.04, subject to the Union's right to appeal it to arbitrationthirty (30) days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An employee shall be entitled to only Union representation at each step Any issue concerning application 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 provisions 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 procedure will be processed resolved strictly in accordance with the provisions contained herein and the employee's employment these provisions.
i) First Written Counselling Employees who exhibit unsatisfactory performance or behaviour shall be terminated.
20.03 Discipline shall counselled so that they understand the standards expected of them and will be imposed only for just causeoffered assistance and guidance in achieving their standards. The specific acts for which discipline is being imposed and the penalty proposed shall Confidential written records will be specified in the Notice of Discipline. The Notice served kept (First Written Counselling Form) on the employee shall contain a reference to datesany counselling undertaken, times and places, if possible, and shall also be copy given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7employee’s file marked accordingly. Following this discussion, the supervisor shall report the matter to the Project Manager and/or the Divisional Manager in writing using the First Written Counselling Form. A copy shall also be supplied to the union delegate.
ii) days after the Employer has knowledge Final Written Counselling Where an employee exhibits a second instance of the incident that the Employer intends to impose discipline that unsatisfactory performance or behaviour a second formal warning 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 in writing (60Final Written Counselling Form). Xxxxxx Bros may issue a final written counselling where the employee’s first instance of misconduct or unsatisfactory performance warrant’s disciplinary action of a more serious nature than a first written counselling. This written counselling shall state that unless the employee’s behaviour improves the employee’s services will be terminated. Confidential written records will be kept (Final Written Counselling Form) days after the Employer has knowledge of the incident resulting in the proposed disciplinary action.
20.04 Before any discipline is imposedcounselling undertaken, a copy given to the employee and his/her union representative the employee’s file marked accordingly. Following this discussion, the supervisor shall report the matter to the Project Manager and/or the Divisional Manager in writing using the Final Written Counselling Form. A copy shall also be supplied to the Union delegate.
iii) Termination Where an employee exhibits a further instance of unsatisfactory performance or behaviour a Termination Interview will be conducted by the Project Manager or Divisional Manager to assist Xxxxxx Bros in determining if the employees services are to be terminated. The termination interview shall be entitled to a pre-disciplinary hearing before completed using the employee's department head. If after this hearing appropriate form (Termination Interview Form) and shall be conducted in 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, presence of another member of management 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 Union delegate.
iv) Instant Dismissal to the Mayor and notice of such proposed discipline dismissal.
v) Employees to be terminated under this Clause shall be made in writing and served suspended for 48 hours on the employee personally or by registered or certified mail, return receipt request, with a copy full pay prior to the local union president and xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 such termination taking effect to allow full review of the grievance procedurecircumstances leading to termination by management and union delegate.
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.
Appears in 1 contract
Samples: Enterprise Agreement
Disciplinary Procedure. 20.01 34.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
34.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative at each step of the disciplinary procedure.
B. No recording device or stenographic or other record shall be used during questioning unless the employee is advised in advance that a transcript is being made and is thereafter supplied a copy of the record, at least five (5) work days prior to the date of arbitration. The cost of the transcript will be borne by the party requesting the copy of the transcript.
C. An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his their hours, wages, or working conditions as a the result of the exercise of his their rights under this procedure.
20.02 34.03 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 terms of this Agreement and the employee's ’s employment shall be terminated.
20.03 34.04 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 times, and places, if possible, and shall also be given to the local union president and xxxxxxx. 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. 34.05 Where the department head appointing authority 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 requestrequested.
34.06 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, or a different penalty is determined by the City Manager at Step 4 of Section 36.04 contained in the Grievance Procedure.
34.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1. The employee has a right to object by filing a grievance within five (5) working days of receipt of the Notice of Discipline;
2. The Grievance Procedure provides for a hearing by an independent arbitrator as its final step;
3. The employee is entitled to representation by a Union representative at every step of the proceeding.
34.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be implemented, except as provided in paragraph 35.12, until the matter is settled, or the arbitrator renders a determination.
34.09 The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority, the employee involved, and the Union are encouraged to settle disciplinary matters informally. All parties shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority may hold an informal meeting with a copy the employee for the purpose of discussing the matter prior to the local union president formal presentation of written charges. The specific nature of the matter will be addressed, and xxxxxxxthe appointing authority may offer a proposed disciplinary penalty. The employee must be advised before meeting that they are entitled to representation by the Union during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within five (5) working days, prepare a formal Notice of Discipline and present it to the employee and the Union. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee’s rights in the procedure, and the right of representation
C. Upon receipt of the Notice of Discipline, the employee grieves may choose to accept the proposed suspensiondiscipline or to appeal by filing a grievance with the appointing authority, demotionpursuant to Step 4 of the Grievance Procedure. The appeal must be filed at Step 4 within five (5) working days from receipt of the Notice of Discipline.
34.10 A failure to submit an appeal within the above time limit shall be construed as an Agreement to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
34.11 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative or to decline any such representation. In the event any employee declines Union representation, the Union shall have a right to be present. A settlement entered into by an employee or the Union on their behalf, shall be final and binding on all parties. The Union shall be notified of all settlements.
34.12 An employee may be suspended with pay at any time during the process if the appointing authority, at its sole discretion, determines the employee’s continued presence on the job represents a potential danger to persons or property, or removal from service, would interfere with the Mayor Employer’s operations. A suspension without pay may be imposed concurrent with or designee shall convene a hearing after the decision at Step 3 4 of the grievance procedureGrievance Procedure.
20.05 34.13 The Union on behalf of all the employees covered by this Agreement and its own behalf behalf, hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees Section 1 This Article shall have not apply to subject matters referred to in Article XXII.(Job Security). Nothing in this Article shall prohibit the following rights:Library from taking appropriate non-disciplinary action with regard to physical or mental disability.
A. An employee Section 2. Upon the decision of the Library to consider a disciplinary action of suspension, demotion or dismissal against a staff member for cause, written notice of the charges and the time for a hearing shall be given in advance of such hearing to the staff member. At the hearing, the staff member shall be entitled to only Union representation at each step of be represented by 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 DisciplineUnion. Any Hearings to consider 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 xxxxxxx. 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, dismissal shall be held by the department head may impose appropriate Department Chief or the penalty, Department Chief's representative and the employee designee of the Vice President for Human Resources.
Section 3. A staff member may grieve itbe suspended immediately for up to fifteen (15) working days when there is reason to believe that the staff member presents an actual and continuous threat to persons or property or when there is reason to believe that the staff member has engaged in criminal conduct while on the premises. Where The staff member may also be suspended immediately for up to fifteen (15) working days when (s)he twice explicitly refuses the department head seeks as same instructions from a penalty the imposition supervisor or for failure to perform his or her duties by reason of a suspension without payother grossly disruptive conduct, a demotion or removal from service, he shall make such a recommendation including intoxication while on duty. The hearing referred to the Mayor and notice of such proposed discipline Section 2 shall be made held as soon as possible.
Section 4. Except for the provisions in writing and served on the employee personally or by registered or certified mailSection 3 above, return receipt request, with a copy to the local union president and xxxxxxx. If the employee grieves the proposed no suspension, demotion, or removal dismissal shall be imposed upon any staff member until the hearing provided for in Section 2 above has been held, a determination made, and a copy of the determination in writing served upon the staff member, nor shall any suspension imposed at such hearing be in excess of thirty (30) working days. No staff member shall be fined as a disciplinary measure. Suspension without pay shall not be regarded as a fine.
Section 5. Within thirty (30) calendar days from servicethe date of service of the determination after the disciplinary hearing, the Mayor or designee Union, with the consent of the staff member, shall convene a be entitled to appeal the decision of the hearing officers to the Vice President for Human Resources at Step 3 4 of the grievance procedure.
20.05 The Union on behalf procedure for those staff members with trial, provisional and regular appointments, and if the staff member has a provisional or regular appointment, through the remaining higher grievance procedure steps, including arbitration provided, however, that matters pursuant to Section 12 of all Article XXII regarding the employees covered by this Agreement and its own behalf hereby waives any and all rights previously possessed by such employees non-renewal of a provisional appointment or the refusal to appeal any form of disciplinary action (e.g. suspensions, demotion extend a provisional appointment or discharge) the refusal to any Civil Service Commission.
20.06 Discipline grant a regular appointment at the appropriate time 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 provisions of this disciplinary procedure Article or to appeal it any appeal, grievance or arbitration pursuant to arbitrationthis Agreement or otherwise.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 The Union recognizes the necessity for the administrative and supervisory staff to exercise full disciplinary authority, consistent with their duties and responsibilities to direct employees to perform the required work duties, in order to achieve department program goals and satisfactory services.
Section 2 All employees shall have the following rights:
A. An employee disciplinary actions shall be entitled to only Union representation at each step applied for just cause and shall be consistent with the nature of the infraction for which the disciplinary procedureaction is being applied. Normally, disciplinary action shall include: (a) a verbal warning; (b) a written warning; (c) suspension without pay; and (d) discharge and shall ordinarily follow this order. Whatever disciplinary action management deems appropriate, the parties recognize that the merits of a given situation play an important role in determining what action is appropriate and as such, it is not the intent of the parties that all discipline will follow the order or steps cited above. It is the intent of the parties that whatever the action, such action shall be consistent with the principles of just cause.
B. An employee Section 3 Disciplinary action shall not be coercedmeted out by management within a reasonable period of time after management becomes aware of the infraction.
Section 4 All disciplinary actions may be appealed through the established grievance procedure except verbal warnings, intimidatedwhich may be appealed to the Superintendent of Schools, 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 procedurehis/her designee.
20.02 An employee may resign following the service of Section 5 All suspensions and discharges must be stated in writing and 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 copy given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days Union.
Section 6 All verbal warnings and written warnings shall be removed from an employee's record after the Employer a period of two years if there has knowledge been no reoccurrence of the incident that infraction and the Employer intends to impose discipline that may result employee has a good work record. All other disciplinary records i.e., suspension, loss of bidding rights, reduction in a suspension or discharge. Disciplinary actions resulting in a reprimand grade, shall be imposed within ten removed from an employee's work record after five (105) days after the Employer years if there has knowledge been no reoccurrence of the incident. Notice of Disciplinary actions resulting in infraction and the employee has a suspension or discharge shall be issued within sixty (60) days after the Employer has knowledge of the incident resulting in the proposed disciplinary actiongood work record.
20.04 Before any discipline is imposed, the Section 7 Any employee and discharged during 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 xxxxxxx. 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 probationary period shall not be implemented until either:
1. have 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 said discharge to arbitrationarbitration under the terms of Article 13 of this Contract.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have Where the Employer seeks to discipline an Employee, or terminate an Employee, the following rightssteps shall be observed:
A. An employee shall (i) In the event that an Employee commits a misdemeanour, the Employee’s immediate supervisory or any other officer so authorised, may exercise the Employer’s right to reprimand the Employee so that the Employee understands the nature and implications of his/her conduct.
(ii) The first two reprimands will take the form of warnings, and if given verbally, will be entitled to only Union representation at each step confirmed in writing as soon as practicable after the giving of the disciplinary procedurereprimand.
B. An employee shall (iii) Should it be necessary, for any reason, to reprimand an Employee three times in a period not exceeding twelve months continuous service, the contract of service may, upon the giving of that third reprimand, 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 terminable in accordance with the provisions contained herein of the agreement.
(iv) The above procedure is meant to preserve the rights of the individual Employee, but it will not, in any way, limit the right of the Employer to summarily dismiss an Employee for gross misconduct. Maintenance Person Maintenance/Electrician
1. Salary packaging in accordance with the terms and the employee's employment conditions of this Agreement shall be terminated.
20.03 Discipline shall be imposed only optional 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 xxxxxxx. 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 xxxxxxx. 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 Agreement. The salary package shall not be implemented until either:
1. increase the matter is settled, ortotal cost of employment.
2. Employees shall elect in writing whether or not they wish to have their salary packaged in accordance with this agreement and, if so, the employee fails to file level of packaging shall not exceed the maximum level of $30,000 ‘grossed up value’ permitted under the tax laws not incurring a grievance within fringe benefits tax liability on the time frame provided employer. These arrangements may be altered by this procedure, orwritten agreement between the employer and the employee
3. An employee may vary or cancel the penalty is upheld remuneration package arrangement by the arbitrator or a different penalty is determined by the arbitrator, orgiving of four week’s notice.
4. Employees who elect not to have their salary packaged shall be paid in accordance with the penalty may be imposed after relevant wage levels as set out in this Agreement. Employees who, initially, elect not to have their salary packaged may, subsequently, seek agreement with the hearing before the Mayor employer, in Section 20.04writing, subject to the Union's right to appeal it to arbitrationhave their salary packaged in accordance with these conditions.
Appears in 1 contract
Samples: Collective Workplace Agreement
Disciplinary Procedure. 20.01 All employees 11.1.1 The Employer shall have the following rights:
A. An right to maintain discipline and efficiency of its operations, including the right to discharge, suspend or discipline a worker for just cause. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee shall may be entitled subject to only Union representation at each step immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness 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 offense in accordance with the provisions contained herein and the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for of just cause. The specific acts Grounds for which discipline or discharge, including immediate discharge are set forth in t he Employer’s Employee Handbook.
11.1.2 Offenses warranting immediate terminations shall include but not be limited to repeated action or inaction that is being imposed and the penalty proposed shall be specified in the Notice abuse or neglect. A government finding of Discipline. The Notice served on the employee shall contain abuse or neglect is not required for a reference to dates, times and places, if possible, and shall also be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has knowledge of the incident conclusion that the Employer intends to impose discipline that may result in a suspension Bargaining Unit Employee’s action 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 actioninaction is defined as such.
20.04 Before any discipline is imposed, 11.1.3 Information requested by 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 xxxxxxx. 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 an Employee grievance which involves direct patient information cannot be released without the express approval by the resident.
11.1.4 Any probationary employee may be discharged or disciplined by the Employer in its sole discretion. No question concerning the disciplining or discharge of probationary employees covered shall be the subject of the grievance or arbitration procedure.
11.1.5 A Union Field Representative or advocate may meet and discuss any disciplinary action of a Union member with the Employer. Employees shall be notified by this Agreement the Employer of their right to request union representation, at the beginning of any disciplinary meeting, or investigatory meeting that may lead to
11.1.6 Employees and its own behalf hereby waives the Union Field Representative or advocate will be provided with a copy of any and all rights previously possessed by such employees to appeal any form written notice of disciplinary action action. The Employer will notify the Union in writing of any discharge or suspension within forty-eight (e.g. suspensions48) hours (exclusive of Saturdays, demotion or dischargeSundays, and holidays) 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 from the time frame provided by this procedure, or
3. of discharge or suspension The Employer retains 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 unilateral right to appeal it to arbitrationdetermine final resolution regardless of the meeting outcome.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 A. The intent and purpose of this Article is to provide for progressive disciplinary action. Disciplinary action may be imposed upon an employee only for failure to fulfill the employee’s job responsibilities or for improper conduct while on the job. Disciplinary action may only be taken for criminal conduct while not on the job if the conduct damages the District’s reputation, prevents the grievant from reporting to work due to incarceration, or if the employee is proved to be unsuitable for work due to the specific nature of the criminal misconduct. All employees shall have the following rights:
A. An employee disciplinary action shall be entitled to only Union representation at each step of the disciplinary procedurefor just cause.
B. An employee In any case where disciplinary action is taken by the Employer, the following procedure may be followed:
1. Discussion of problem
2. Oral reprimand
3. Written reprimand included in personnel file
4. Suspension without pay
5. Dismissal Nothing in the aforementioned procedure shall not prevent the Employer from taking immediate and appropriate disciplinary action, should it be coercedrequired by the circumstances, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result of with proper notice to the exercise of his rights under this procedureUnion.
20.02 An employee may resign following the service of C. Notification within a Notice of Discipline. Any such resignation will be processed in accordance with the provisions contained herein and the employee's employment reasonable time 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 xxxxxxx. 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 Xxxxxxx prior to impose discipline that any disciplinary action taken against any member which may result in any official entries being added to the member’s personnel file. The employee and Union shall be furnished with a suspension copy of any entry made into the file. A notation of oral reprimand by date and subject only may be placed in the file.
D. No employee shall be requested to make any written or dischargeoral statement pertaining to any alleged misconduct without first having the opportunity of discussing it with the Union representative. Disciplinary actions resulting in a The employee will have at least twenty-four (24) hours to submit any written statement.
E. Should it become necessary to reprimand any employee, the reprimand shall be imposed within ten (10) days after given so as not to cause embarrassment to the employee before other employees or the public.
F. The Employer has knowledge may modify a disciplinary action except that the severity of the incidentaction shall not be increased but may be lessened.
G. Upon request, an employee’s official personnel file may be reviewed. Notice of Disciplinary actions resulting in a suspension or discharge Such request shall be issued complied with within sixty two (602) days after the Employer has knowledge days. After one (1) year of the incident resulting satisfactory service, no disciplinary matters appearing therein shall be used in the proposed any subsequent disciplinary action.
20.04 Before any discipline is imposed, the H. Disciplinary action which shall result in suspension or discharge of an employee and his/her union representative shall be entitled immediately subject 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 xxxxxxx. 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 procedureGrievance Procedure.
20.05 The Union on behalf of all I. Among reasons for dismissal are 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 following (e.g. suspensions, demotion or discharge) to any Civil Service Commission.
20.06 Discipline shall not be implemented until either:inclusive):
1. the matter is settled, orUnsatisfactory or incompetent work performance or neglect of duty.
2. the employee fails to file a grievance within the time frame provided by this procedure, orPersonal misconduct.
3. the penalty is upheld by the arbitrator or a different penalty is determined by the arbitratorPersistent violation of policies, 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 arbitrationregulations and laws.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An employee shall 14.01 Investigations into any matters that may result in progressive discipline will be entitled to only Union representation at each step held as quickly as possible. Investigations and applicable discipline will occur within five (5) working days 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 xxxxxxx. The Employer shall notify the employee and the Union within seven (7) days after the Employer has Company having knowledge of the incident that occurring. In extenuating circumstances, the Employer intends Company may request from the Union a time extension which will not be unreasonably denied. Prior to impose discipline that may result in a suspension any meetings the Xxxxxxx or discharge. Disciplinary actions resulting in a reprimand Executive member attending the meeting on the Employee’s behalf shall be imposed within ten (10) days after the Employer has knowledge informed of the incidentissues or claims against the employee. Notice of Disciplinary actions resulting in a suspension The Xxxxxxx or discharge Executive member shall be issued within sixty (60allowed to meet privately with the Employee(s) days after the Employer has knowledge of the incident resulting in the proposed disciplinary actionprior to any discipline being implemented.
20.04 Before any discipline is imposed14.02 Any Employee, upon approval from the employee and Company, shall be allowed to inspect his/her union representative shall be entitled to a pre-own disciplinary hearing before file in 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 xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 presence of the grievance procedure.
20.05 The Union Company, during normal business hours. Approval will not be unreasonably withheld. Any officer of the Union, on behalf of all the employees covered by this Agreement and its Employee, may accompany the Employee to inspect his/her 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 written authorization of the Employee. Warnings shall be removed from the Employee’s personnel file after one (1) year of non-reoccurrence.
14.03 The parties agree that all interviews of employees or witnesses shall be done jointly and cooperatively by the parties and their designates. The objective of these joint interviews is to appeal it produce a joint statement of facts if possible. The parties further agree to arbitrationshare any evidence produced or gathered prior to or during the investigation process. To facilitate the process above the Company shall gather all of the basic relevant facts and information needed to hold the joint interviews and satisfy the requirements above. The intention of this clause is to enable the Company and the Union to make educated and informed decisions regarding imposing discipline as well as for the Union to make educated and informed decisions regarding whether to grieve such discipline. Any discipline imposed by the Company will not be done at any of the meetings related to this clause but shall be done separately in accordance with Article
14.01 above with exception to discipline in regards to innocent absenteeism.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 33.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
33.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation Representative at each step of the disciplinary procedure; otherwise, no representation by any other individual or organization shall be allowed.
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 the result of the exercise of his rights under this procedure.
20.02 33.03 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 separated or disciplined only for just causecause and shall generally be progressive in nature (i.e., verbal, written, one (1) or more suspensions, termination). Nothing contained herein, however, shall prevent the Employer from taking more severe disciplinary action based upon the nature and severity of the offense, the employee’s past disciplinary record, the employee’s past performance, and/or the employee’s overall length of service.
33.04 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 Discipline must be given to the local union president and xxxxxxx. The Employer shall notify the employee and the Union issued within seven five (75) days after the Employer has knowledge of the incident that event giving rise to the Employer intends discipline or within five (5) days after completion of an investigation, whichever is greater.
33.05 Prior to impose the imposition of any discipline that which 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 suspensionwithout pay, 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 pre-disciplinary conference shall be made in writing and served on the employee personally or by registered or certified mail, return receipt requestrequested. The notice shall contain a brief description of the alleged offenses and, with if possible, shall also contain references to alleged dates, times, and places. The notice shall also advise the employee of the date, time, and place of the pre-disciplinary conference and, the right to Union representation.
33.06 An employee may waive his or her right to a copy pre-disciplinary conference by submitting a written waiver to the local union president Union and xxxxxxxthe Employer or by failing to appear at the conference. Any employee executing such a waiver or failing to appear may not seek redress through the grievance procedure or any other means, legal or otherwise, for any discipline subsequently imposed. Absence for bona fide reasons shall not be considered a waiver of appeal rights, but must be supported by a bona fide physician statement which details the nature and extent of the incapacitating illness or injury. In such a case, the pre-disciplinary conference will be rescheduled to a date not to exceed ten (10) calendar days from the original conference date. If the employee grieves is still unable to attend, the pre-disciplinary conference will be held in the employee’s absence; however, the employee is entitled to have Union representation.
33.07 At the pre-disciplinary conference, the employee or his Union representative may present testimony, witnesses, or documents which would explain and/or justify and/or rebut the alleged misconduct. The employee or Union representative may also cross-examine any witnesses presented on behalf of the Employer.
33.08 If discipline is to be imposed, the employee and the Union representative involved shall receive a Notice of Discipline which will advise the employee of the nature of the discipline and of his or her right to accept the proposed suspensiondiscipline or to appeal by filing a grievance with the Mayor pursuant to Step 3 of the Grievance Procedure. The appeal must be filed at Step 3 within five (5) calendar days from receipt of the Notice of Discipline. A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the affected employee and the Union. All subsequent appeal rights shall be deemed waived.
33.09 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to it writing. An employee executing a settlement shall be notified of the right to have a Union representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements unless the employee objects to such notification.
33.10 An employee may be suspended with pay at any time during the process if the Department Head, demotionat his sole discretion, determines the employee’s continued presence on the job represents a potential danger to persons or property, or removal from service, would interfere with the Mayor Employer’s operations. A suspension without pay or designee shall convene a hearing discharge may be imposed concurrent with or subsequent to the decision at Step 3 of the grievance procedureGrievance Procedure.
20.05 33.11 The Union Union, on behalf of all the employees covered by this Agreement and its own behalf behalf, hereby waives any and all rights previously possessed by such employees to appeal any form of disciplinary action (e.g. suspensionse.g., demotion suspension, demotion, or discharge) to any Civil Service Commission.
20.06 Discipline 33.12 In imposing discipline on a current charge, the Employer shall not take into account any previous written reprimands or suspensions of one (1) or two (2) days which occurred more than two (2) years previously. Suspensions of more than two (2) days shall not be implemented until either:taken into account on a current charge which occurred more than five (5) years previously.
1. 33.13 Absent extenuating circumstances, a notice of pre-disciplinary conference shall be issued within thirty (30) calendar days of 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 event(s) giving rise to the Union's right to appeal it to arbitrationpossible disciplinary action, or such reasonable period required for investigation and determination of the facts of the case.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees (a) Where disciplinary action may be necessary, the Employer representative shall have notify the following rights:
A. An employee shall be entitled to only Union representation at each step Employee of the disciplinary procedureissues in writing and the Employee will be given an opportunity to respond to these issues. In the event that the Employee’s response is unsatisfactory, a first warning in writing may be issued. This warning will be recorded on the Employee’s personnel file.
B. An employee shall not (b) If there are further performance or conduct issues, the Employee will again be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result notified in writing of the exercise of his rights under this procedure.
20.02 An employee may resign following matter and a response requested from the service of Employee. If appropriate, a Notice of Discipline. Any such resignation second warning in writing 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 Employee and xxxxxxxrecorded on the Employee’s personnel file.
(c) In the event that there are further performance or conduct issues, the Employee will again be notified in writing of the matter and a response requested. If appropriate, a final written warning will be issued to the Employee and recorded on the Employee’s personnel file.
(d) In the event of further performance or conduct issues, then the Employee may be terminated after the matters have been investigated and reasons sought from the Employee.
(e) Notwithstanding the above process, for serious matters pertaining to conduct or performance the Employer may also issue a “final warning” in the first instance. A “final warning” shall be such that the Employee is notified that in the event that there are further performance or conduct issues the Employee may be terminated. Further, termination or summary dismissal of an Employee may still occur for acts of serious misconduct.
(f) During all steps in the Disciplinary Procedure, the Employee has the right to representation of their choice, including the Health Services Union. The Employer may be represented by the representative of their choice. A reasonable opportunity is to be provided for a representative to represent an Employee, and therefore the procedure may be delayed due to the unavailability of the Employee’s chosen representative. However, matters are to be dealt with in a timely manner and the disciplinary process will not be unreasonably delayed on account of the unavailability of the Employee’s chosen representative.
(g) Records relating to disciplinary procedures will be disregarded where a continuous period of 12 months elapses without further warning/s. Records relating to disciplinary procedures will be removed from the personnel file after a period of two (2) years where no further warning/s arise.
(h) This clause 54 shall not apply until the Employee has completed a period of employment with the Employer of at least the minimum employment period of six (6) months as prescribed in section 383 of the Act. In the case of an Employee in this minimum employment period, where disciplinary action may be necessary, the Employer representative shall notify the employee Employee of the issues and the Union within seven (7) days after the Employer has knowledge of the incident that the Employer intends Employee will be given an opportunity 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 actionrespond to these issues.
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 xxxxxxx. 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.
Appears in 1 contract
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An employee Any discipline that results from a violation of any Rule and Regulation shall be entitled subject to only Union representation at each step the disciplinary procedures contained in Article 23 of the disciplinary procedure.
B. Collective Bargaining Agreement. Employee’s Name Name Of Supervisor Observing Behavior Name Of Dept. Head Or Designee Date Of Observation □ Direct observation of drug or alcohol use. Including actual possession and/or physical symptoms of being under the influence of drugs and/or alcohol. □ A pattern of abnormal conduct or erratic behavior. □ An employee shall not be coerced, intimidatedinjury or accident on the job, or suffer involvement in any reprisals either directly unsafe on-duty job- related activities that pose a danger to other employees or indirectly citizens. □ Category II medication incident. Disheveled Dilated Pupils Bloodshot eyes Needle Marks Sniffling, runny nose, hoarseness, coughing Deterioration of physical appearance Tremors Alcoholic beverage or chemical odors Drowsiness Extreme sensitivity/Over reactive Irritability/Short temper Extreme/Quick mood swings Mood is significantly different than normal Physically assaultive or threatening Unusually talkative or unusually quiet Making incoherent statements on the job Frequent emotional outbursts Excessive absenteeism or tardiness This agreement is entered into this “number” day of the “month/year”, by and between the Xxxxx County Fire Department (CCFD), IAFF Local 1908 (IAFF) and “employee name” (employee). This Voluntary Agreement is in accordance with the voluntary disclosure section of the department’s Substance Abuse Policy (SAP), and outlines the procedures that may adversely affect his hours, wages, or working conditions must be followed by an employee who enters into a rehabilitation program 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 self- disclosure for just causean alcohol or drug problem. The specific acts for which discipline is being imposed and requirements to remain under 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 xxxxxxx. 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 xxxxxxx. 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 Voluntary Rehabilitation 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 eitherare:
1. The employee signs a medical release allowing the matter EAP to verify if the employee is settled, orin treatment and adhering to and completing the program.
2. Within five (5) working days of being notified of this Voluntary Rehabilitation Agreement, the employee fails to file a grievance within shall contact the time frame provided by this procedure, ordepartment’s EAP.
3. The EAP shall recommend program/provider options for the penalty employee. The employee shall select a program/provider, but is upheld by not limited to the arbitrator or recommended programs/providers. However, if the employee selects a different penalty is determined by program other than the arbitratorprovider under contract with the IAFF Insurance Trust, orthe employee shall be responsible for all expenses.
4. The employee shall agree to be treated by, and shall comply with, a Bureau of Alcohol and Drug Abuse certified rehabilitation program or provider. The costs shall be borne either by the penalty may be imposed after employee’s health insurance, if he /she has selected a program or provider under contract with the hearing before union’s health insurance trust, or by the Mayor in Section 20.04employee.
5. The EAP shall, subject to the Union's right to appeal it to arbitrationon an ongoing basis, monitor compliance and completion.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have A consultative approach to resolving disciplinary matters will be taken by the following rights:
A. An employee shall be entitled to only Union representation at each step respective parties. The fundamental objective of the disciplinary procedureprocedure will be to resolve the need for discipline.
B. i) A system of three warnings will apply to employees involved in breaches of discipline which do not justify summary dismissal. Subject to paragraphs (ii) to (iv) below, the third warning will be final and will be followed by dismissal in the case of any subsequent breach, which is substantially similar to the previous three. If an employee has not received a warning for a period of 12 months or more, all previous warnings will not be taken into account for the purpose of the above procedure. In the case of a serious breach of discipline, a final warning may be issued whether or not previous warnings have been given. Any variation to this process will be the subject of review by the Employee Development Lead Team.
ii) Nothing in this procedure will limit the right of the Company to summarily dismiss an employee who engages in serious misconduct pursuant to paragraph 6(d)(vi) of this Agreement.
iii) In exceptional circumstances, as an alternative to dismissal, the Company may suspend an employee, without pay, for up to two (2) working weeks.
iv) An employee shall not on return from such suspension may have his or her employment contract extended by the insertion of special employment terms as specified by the Company.
v) The parties accept that decisions concerning discipline will be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as a result made on the basis of the exercise circumstances of his rights under this procedureeach particular case without regard to precedent.
20.02 An employee may resign following the service of a Notice of Discipline. Any such resignation vi) All disciplinary matters will be processed in accordance with the provisions contained herein and documented on the employee's employment shall be terminated.
20.03 Discipline shall be imposed only for just causepersonal file. The specific acts for which discipline is being imposed and An employee will have the penalty proposed shall be specified in right to view the Notice entirety 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 xxxxxxx. 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 personal file in the presence of a HR employee. An exception to this clause will be entitled matters relating to the Harassment Prevention Policy which will remain confidential.
vii) Prior to any disciplinary action being taken, an employee may be stood aside without loss of pay or entitlement whilst the Company conducts a pre-disciplinary hearing before full investigation into the employee's department head. If after this hearing issue involved.
viii) At each step in 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 process the employee may grieve it. Where will be advised by 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 xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing at Step 3 company of the grievance procedureopportunity of employee representation. .
20.05 The Union on behalf ix) Nothing in this clause 6(f) is intended to confer a remedy in relation to termination 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 employment by the arbitrator Company of an employee for a reason that is harsh, unjust 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 arbitrationunreasonable.
Appears in 1 contract
Samples: Alcoa Australia Rolled Products Point Henry Agreement
Disciplinary Procedure. 20.01 All employees shall have When an receives a warning, his Xxxxxxx be present. In the following rights:
A. An employee shall be entitled to only Union representation at each step absence of the disciplinary procedure.
B. An employee Zone Xxxxxxx, the Chief Xxxxxxx or finally, an Officer of the Union must be present. It is agreed that all verbal warnings will be stricken from an employee’s record after three months from its occurrence; written warnings will be stricken from an employee’s record six months from its occurrence, and suspensions removed from an employee’s record nine months from its occurrence. Once removed, they shall not be coercedused in any future situations. It is agreed and understood that at the request of the employee, intimidatedthe Company is prepared to return to the employee any out- Before any employee is discharged or suspended for cause, the Chief Xxxxxxx shall be notified immediately and where possible, be present at such meeting. Any employee whom the Company suspends or discharges, or suffer any reprisals either directly whom it con- tends has lost their seniority under Article shall be retained at/or indirectly that may adversely affect his hours, wagesreturned to active work until grievance contesting such suspension, or working conditions as a result break in &vice is resolved the grievance and procedure. However, the employee may be removed from active work (without until the resolution of the exercise grievance protest- ing the suspension or discharge, if the alleged cause for suspension, discharge or termination a danger to the of his rights equipment the plant due to fighting, theft, or concerted refusal to perform their assigned work. Grievances involving who are retained at work under this procedure.
20.02 An employee may resign following provi- sion will be handled in the Expedited Arbitration Procedure unless the Union Staff and the Director of Human Resources mutually agree other- wise. If the Arbitrator upholds the suspen- sion. discharge or break in service of a Notice an employee at work, the penalty shall be instituted after receipt of Disciplinethe arbitration decision. Any such resignation The above references to suspensions, discharges and terminations are examples and are not intended to be all inclusive, but indicate how various types of issues will be processed handled. . If an employee is not to be retained at work 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 xxxxxxx. 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 imposedabove, the employee will be allowed to meet with the Zone Xxxxxxx (and his/her union representative Chief Xxxxxxx if on shift) before leaving the premises. Any grievance involving suspensions, discharges or terminations shall be entitled to a pre-disciplinary hearing before filed with the’ Director of Human Resources at Step Three of the employee's department headGrievance Procedure within three working days of the action. If after this hearing Any arrangement considered just by the department head decides to impose a penalty conferring parties shall dispose of the griev- ance. It is understood that does not involve a suspensionthe Company may bring forward at any time any com- plaint or grievance against the Union, demotionits Officers, Committeemen or removal from service, the department head may impose the penaltyStewards, and if a satisfactory settlement is not reached then the employee Grievance Procedure may grieve itbe invoked. Where It is also understood that the department head seeks as a penalty the imposition Union may bring forward at any time any grievance concerning supervisors, safety or problems or complaints of a suspension without paygeneral nature which may be taken through the Grievance Procedure if not satisfactorily settled. Any such grievance mentioned in this Article, not involving a demotion production supervi- sor or removal from servicesupervisor, 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 xxxxxxx. If the employee grieves the proposed suspension, demotion, or removal from service, the Mayor or designee shall convene a hearing may commence at Step 3 Three of the grievance procedureGrievance 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.
Appears in 1 contract
Samples: Collective Agreement
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 (a) No 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 disciplined except for just cause. The specific acts for which discipline Just cause shall include, but is being imposed not limited to, poor job performance, misconduct, insubordination, sexual harassment, discrimination, and the penalty violation of College policy.
(b) An employee proposed to be disciplined in accordance with this procedure shall be specified in issued a detailed written statement describing the Notice cause requiring disciplinary action, by the Office of DisciplineHuman Resources. The Notice served on the employee A copy shall contain a reference to dates, times and places, if possible, and shall also be given to the local union president President or the President's designee, the Senior Administrator of the area, the Union, and xxxxxxxthe employee’s supervisor. (S)he shall further be informed by the Office of Human Resources of his/her rights under this procedure by furnishing a copy of these procedures.
(c) Should the Senior Administrator and/or Human Resources believe that the offense is so serious as to require immediate suspension with pay, Human Resources may recommend such action to the President prior to fact finding and due process described below.
(d) The charges against the employee shall be reviewed by the Union/Administration Disciplinary Committee consisting of two (2) individuals, one member selected by the Union, and one member selected by Administration. The Employer Committee shall notify promptly investigate the employee matter by interviewing all concerned parties, reviewing appropriate and related documents, and submitting a recommended disposition to the Union within seven President for his/her action.
(7e) days after The Committee shall deliver its recommendations to 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 President no later than sixty (60) work days after from the Employer has knowledge date the charges are filed. Upon request, the President may grant the Committee, for good cause shown, up to an additional thirty (30) days to submit its report. For the purposes of Disciplinary procedure, “work day” is defined as any day on which classes are officially in session during the fall and spring semesters, except Saturdays and Sundays. The clock will stop on the Committee’s work beginning July 1st through the day before the fall semester convocation or beginning January 1st through the day before spring semester convocation unless the two members of the incident resulting Committee agree to continue working through all or part of this period. Should the Committee not be ready
(f) Upon receipt of the committee report, the President may take disciplinary action. Penalty may include, but is not limited to, reprimand or recommendation to the President, to suspend with or without pay, or termination. If the President’s decision is to terminate a tenured employee, s/he will utilize the process described in the proposed disciplinary action.
20.04 Before any discipline Education Law Section 2587, and the process described in the Board of Trustees By-Laws, Section VC, 1a and 1b. It is imposed, agreed that hearings on charges brought under 2587 shall be heard by a trial committee of one person who shall be selected on a rotating basis from a panel of five mutually agreed upon by the employee College and the Union. The Trial Committee shall submit his/her union representative recommendations to the Board of Trustees. If the President’s decision is to terminate a part-time employee who is a bargaining unit member and who holds a certificate of continuous employment (CCE), the College and Union will refer the case to an outside arbitrator for final and binding determination.
(g) The Committee recommendation, the President's action and other findings, if any, shall be entitled to a pre-disciplinary hearing before placed in the employee's department head. If after this hearing file unless 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 xxxxxxx. 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 procedurecharges are ultimately rejected.
20.05 The Union on behalf (h) These sections do not replace or amend the provisions 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 Education Law, Section 2587, governing dismissal of disciplinary action (e.g. suspensions, demotion or discharge) to any Civil Service Commissiontenured employees.
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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees shall have the following rights:
A. An 30.1 No employee shall be entitled to only Union representation at each step discharged, demoted, or suspended except for just cause and notice of the reasons for such 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 action shall be terminated.
20.03 Discipline shall be imposed only for just cause. The specific acts for which discipline is being imposed stated in writing 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 xxxxxxx. The Employer shall notify employee affected and/or the employee Chief Xxxxxxx and the Union Local President or their designee but in every case to the Chief Xxxxxxx, within seven five (75) days after the Employer has knowledge effective date of the incident that action. Under the Employer intends normal circumstances, disciplinary action shall be taken by the City within thirty (30) days of when the Department Head or appropriate designee learns of the event giving rise to impose discipline that the disciplinary action. Said thirty (30) day time frame shall not apply to disciplinary actions for abuse of sick leave. The thirty (30) day time frame is delayed in the case of vehicle accidents providing the employee’s Department has an Accident Review Committee which may result be a subcommittee of the departmental Safety Committee. The 30-day time frame begins when Department managers meet to discuss the accident following receipt of the Accident Review Committee report.
30.2 Any disciplinary action imposed upon an employee may be processed as a grievance through the regular grievance procedure and the Union shall have the right to take up matters of suspension, demotion or discharge at Step 9.1.3 of the procedure.
30.3 Pursuant to N.L.R.B. x. Xxxxxxxxxx Inc., the City recognizes the right of an employee to have a Union representative present at a disciplinary hearing or meeting.
30.4 For the purpose of this section, “disciplinary action” shall not include informal verbal counseling or oral reprimands.
30.4.1 No record of an oral reprimand shall appear in a suspension or dischargemember’s personnel file. Disciplinary actions resulting in However, routine critiques of 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 member’s performance by 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 xxxxxxx. 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 supervisor shall not be implemented until either:defined as an oral reprimand and may be noted in a member’s performance evaluation.
130.5 All personnel records shall be confidential in conformity with applicable State Law. Any dispute concerning the matter is settled, or
2. confidentiality of such records or the employee fails access of members 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 those records shall be finally determined by a court of competent jurisdiction and is not an arbitrable matter under Article 9 of this contract.
30.5.1 Upon request, a member shall have 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 inspect his/her official personnel record wherever kept. Inspection shall be during regular business hours of the respective repository and be conducted under supervision. A member shall have the right to arbitrationmake duplicate copies for his/her own use. No record(s) shall be withheld from a member’s inspection.
30.5.2 A member shall have the right to include in his/her personnel record written refutation of any material he/she considers to be detrimental.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Procedure. 20.01 All employees 1. Before imposing a demotion, suspension or discharge on an employee, the Superintendent or his designee shall have hold a conference with the following rights:
A. An employee shall to give the employee an opportunity to learn the reasons for the intended disciplinary action and to explain his behavior. The employee has the right to be entitled to only Union representation accompanied at each step the conference by one representative of his own choosing. The conference will be scheduled as promptly as possible by the Superintendent. The Superintendent or his designee may impose reasonable rules on the length 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 conference and the conduct of the exercise of participants. If the Superintendent or 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 designee determines that the employee's continued employment shall be terminated.
20.03 Discipline shall be imposed only prior to the conference poses a danger to persons or property or a threat of disrupting operations, he may suspend the employee without pay for just causeup to three days pending the conference to determine final disciplinary action. The specific acts for which discipline is being imposed Written notice of the charges and the penalty proposed intended administrative action or recommendation 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 xxxxxxxemployee or Union representative at least 24 hours before the conference held under this subsection.
2. The Employer Ordinarily, the first instance of misconduct by an employee 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 result in an oral reprimand from his supervisor or an administrator. Further misconduct may result in suspension without pay or demotion, imposed by the Superintendent. Further misconduct thereafter may result in discharge.
3. Rules cannot be listed to cover every situation. Certain offenses are serious enough to warrant immediate discharge without regard to previous reprimands or discipline. Such serious offenses include, but are not necessarily limited to the following:
a. theft of or intentional damage to property of the Board;
b. theft of or intentional damage to the property of a fellow employee;
c. insubordination, or the uttering of threatening abusive language toward management personnel, other employees, students, or the public;
d. intoxication on the job;
e. falsification of any records, including employment records; and
f. provoking a fight.
4. If the Board's insurance company informs the Board that a bus driver has become uninsurable, and the driver is not discharged pursuant to this Section, the driver will be automatically laid off. The driver will remain laid off until he/she becomes insurable again. At that time, the employee will be called back when a position becomes available.
5. The Superintendent may impose a demotion or suspension for cause in accordance with this Section for up to 30 days without pay. Only the Board of Education shall discharge an employee. The Superintendent or dischargehis designee shall give the Association president and the employee notice of the decision to demote, suspend, or discharge an employee. Disciplinary Such actions resulting in a reprimand shall be imposed subject to the grievance procedure by filing a written grievance with the Superintendent within ten (10) days after the Employer has knowledge of the incident. Notice date of Disciplinary actions resulting in a suspension the written notice of the disciplinary or discharge shall decision. The grievance will be issued within sixty processed from the Superintendent's Step (60Level Three) days after onward in accordance with the Employer has knowledge of the incident resulting Level Three and Level Four procedures set forth in the proposed disciplinary actionArticle 5.
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 xxxxxxx. 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.
Appears in 1 contract
Samples: Negotiated Agreement
Disciplinary Procedure. 20.01 38.01 This procedure shall apply to all non-probationary employees covered by this Agreement.
38.02 All employees shall have the following rights:
A. An employee shall be entitled to only representation by a Union representation representative (attorney) 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 the result of the exercise of his rights under this procedure.
20.02 38.03 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 Employer's Rules and Regulations and the employee's employment shall be terminated.
20.03 38.04 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 xxxxxxx. 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. 38.05 Where the department head appointing authority 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 requested. Oral and written reprimands are not subject to the local union president and xxxxxxx. 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 this 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 38.06 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 is imposed concurrent with or subsequent to the predisciplinary hearing decision of the Mayor/Safety Director or designee.
38.07 The Notice of Discipline served on the employee shall be accompanied by written statement that:
1. the employee has a right to object by filing a grievance within five (5) days of receipt of the Notice of Discipline;
2. the Grievance Procedure provides for a hearing by an independent arbitrator as its final step;
3. the employee is entitled to representation by a union representative (attorney) at every step of the proceeding;
38.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be implemented, except as provided in paragraph 38.12, until the matter is settled or the arbitrator renders a determination.
38.09 The following administrative procedures shall apply to disciplinary actions:
A. The appointing authority and the employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The appointing authority is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to the formal presentation of written charges. The specific nature of the matter will be addressed, and the appointing authority may offer a proposed disciplinary penalty. The Employee must be advised before meeting that she/he is entitled to representation by the Union (attorney) during the initial discussion.
B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority will, within ten (10) working days, prepare a formal Notice of Discipline and present it to the employee. If no informal meeting is held, the appointing authority may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee's rights in the procedure, and the right of representation.
C. Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the appointed authority, pursuant to Step 3 of the Grievance Procedure. The appeal must be filed at Step 3 within five (5) days from receipt of the Notice of Discipline.
38.10 A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the effected employee and Union. All subsequent appeal rights shall be deemed waived.
38.11 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union representative (attorney) as a representative or to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of all settlements.
38.12 An employee may be suspended with pay at any time during the process. A suspension without pay may be imposed after the hearing before the Mayor in Section 20.04, subject concurrent with or subsequent to the Uniondecision at Step 3 of the Grievance Procedure.
38.13 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 a Safety Director's right inquiry or to appeal it any form of disciplinary action (e.g., suspension, demotion or discharge) to arbitrationany Civil Service Commission.
38.14 Records of disciplinary action shall cease to have force and effect or be considered in future disciplinary matters twelve (12) months after their effective date for counseling and written reprimands, and twenty-four (24) months after their effective date for suspensions of three (3) days or less providing there is no intervening discipline during these time frames. Suspensions of four (4) days or more will not be considered in future disciplinary actions after forty-eight (48)months proving there is no intervening disciplinary action.
Appears in 1 contract
Samples: Collective Bargaining Agreement