Common use of Disciplinary Procedure Clause in Contracts

Disciplinary Procedure. (a) Where the appointing authority or the authority’s designee seeks to impose discipline, notice of such discipline shall be made in writing and served upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice shall contain a description of the alleged acts and conduct, including reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until (1) the employee fails to file a disciplinary grievance within 14 calendar days of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below or (3) the penalty is upheld or a different penalty is determined by the arbitrator to be appropriate, or (4) the matter is settled. (e) If not settled or otherwise resolved, the notice of discipline may be the subject of a grievance before the department or agency head, or a designee, and shall be filed either in person or by certified mail, return receipt requested, by the employee or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and the appointing authority or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f).

Disciplinary Procedure. (a) Where the appointing authority or the authority’s designee seeks to impose discipline, notice of such discipline shall be made in writing and served upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice shall contain a description of the alleged acts and conduct, including reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until until (1) the employee fails to file a disciplinary grievance within 14 calendar days of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below or (3) the penalty is upheld or a different penalty is determined by the arbitrator to be appropriate, or (4) the matter is settled. (e) If not settled or otherwise resolved, the notice of discipline may be the subject of a grievance before the department or agency head, or a designee, and shall be filed either in person or by certified mail, return receipt requested, by the employee or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and the appointing authority or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f).

Disciplinary Procedure. (a) a. Discipline shall be imposed only for just cause. Where the appointing authority College President, or the authority’s designee designee, seeks to impose im- pose discipline, notice of such discipline shall be made in writing and served upon the employee in person or by registered or certified mail, return receipt requested, to the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss ’s address of leave credits or other privileges, or such other penalties as may be appropriaterecord. The specific acts con- duct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, including conduct includ- ing reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) b. The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance griev- ance within 14 calendar 10 days of the service of the notice of discipline, or (2) having filed a disciplinary grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (e) If not settled or otherwise resolved, the c. The notice of discipline may be the subject of a disciplinary grievance before the department or agency head, or a designee, and which shall be filed either with the Chancellor, or designee, in person or by registered or certified mail, return receipt requested, by the employee em- ployee, or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and on a disciplinary grievance form to be provided by the appointing authority or the designee State, within 10 days of the appointing authority requests written confirmation date of service of notice of discipline. The employee’s selection of a representative as indicated on the Disciplinary Grievance Form when filed is final and not subject to change. A copy of the notice of discipline must be attached to the disciplinary grievance form. A disciplinary grievance shall be regarded as filed even if it does not contain a copy of the Notice of Discipline, required by subdivision 19.4(c). However, such grievance shall not be reviewed unless all of the information required by the griev- ance form or otherwise required by grievance steps of Article 19 has been provided. The employee, or the employee’s consent to the filing of the grievancerepresentative, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with to present the department or agency heademployee’s position to the Chan- cellor, or a designee, within 10 days of the date of filing of the disciplinary grievance. The purpose of the meeting shall include an informal presentation by be the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review possible adjustment of the evidence matter and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification evidence or specific description specification of documents, or other formal disclosure of evidence particulars by either party. The meeting provided for herein may be waivedwaived by the employee, in writing, on the grievance form, only in accordance with provisions of Section 33.4(c)(219.7(b). A written response shall If the meeting has not been waived but cannot be rendered in personheld within 10 working days of the date of filing of the disciplinary grievance by reason of the unavailability of the employee, or the em- ployee’s representative, or on such other date as may be mutually agreed upon, the Chancellor, or de- signee, may, at the option of the Chancellor, or designee, review the disciplinary grievance on the basis of the existing record. The Chancellor, or designee, shall provide the employee, or the employee’s represen- tative, with a response in writing by registered or certified mail, return receipt requested, no later than seven (7) calendar or by personal service within twenty days after such meeting. If possible, of the department meeting or agency headreview, or within five days of the meeting or review if the employee has been suspended without pay under Section 19.7 of this Article. d. If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary ar- bitration by the employee, or the employee’s representative, within 10 days of receipt of the response of the Chancellor, or designee. Notice of appeal to disciplinary arbitration shall be filed by registered or certi- fied mail, return receipt requested, or by personal service upon the Director of the Governor’s Office of Employee Relations, or designee. A copy of the appeal shall be sent simultaneously to the College Presi- xxxx and the Chancellor’s designee. e. The State and UUP shall jointly agree, within 15 days of the execution of this Agreement, on a designee25- member panel of disciplinary arbitrators. Each member of the panel shall be assigned a number in rota- tion. In the event of a disciplinary arbitration, each party shall rank the next five members of the panel in rotation and the member with the highest ranking shall serve as the arbitrator. In the event of a tie, selec- tion shall be by lot. The State agrees to perform activities necessary to appropriate administration of the panel including, but not limited to, identifying arbitrators’ availability, notifying them of their appointment and assisting in arranging for hearing rooms. f. The disciplinary arbitrator shall hold a hearing within 10 days of appointment, or as soon thereafter as practical, or within such other period as may be mutually agreed upon by the parties, recognizing, how- ever, that except in unusual circumstances a hearing should be concluded within 30 days of the appoint- ment of the arbitrator. The disciplinary arbitrator shall render the written response at a decision within five days of the close of such meeting. When the department or agency headhearing, or within five days after receipt of the transcript, if either party elects a designeetranscript, fails or within such other time as may be mutually agreed upon by the parties. g. Either party wishing a transcript of a disciplinary arbitration hearing may provide for one at its ex- pense and shall provide a copy to issue a written response within seven (7) calendar days from such meetingthe arbitrator and the other party; provided, however, the grievant decision to make a transcript must be announced at the beginning of the hearing and the transcript must cover the entire hearing, not just a portion thereof. Delays in the preparation of a transcript shall not constitute a basis for delays in scheduling hearing dates. h. The disciplinary arbitrator shall be confined to determinations of guilt or innocence, the grievant’s representative has appropriate- ness of proposed penalties, and shall have exclusive jurisdiction over issues of timeliness arising under the right procedures of this Article including those arising pursuant to proceed directly Section 19.9, but shall not consider alleged violations of other provisions of this Agreement, which shall be subject only to the next appropriate level by filing an appeal in accordance with subdivision (f).provisions of Article 7,

Disciplinary Procedure. (a) Where ‌ 46.01 This procedure shall apply to all non-probationary employees covered by this Agreement. 46.02 All employees shall have the appointing authority or the authority’s designee seeks to impose discipline, notice of such discipline following rights: A. An employee shall be made entitled to representation by a Union 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 the result of the exercise of his rights under this procedure. 46.03 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in writing accordance with the Employer’s Rules and served upon Regulations and the employee. ’s employment shall be terminated. 46.04 Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts for which discipline is being imposed and the penalty or penalties proposed shall be specified in the noticeNotice of Discipline. The notice Notice served on the employee shall contain a description of the alleged acts and conduct, including reference to dates, times and places. Two copies , if possible. 46.05 Where the appointing authority seeks as a penalty the imposition of the notice shall be served on the employee. Service of the a suspension without pay, a demotion or removal from service, notice of such discipline shall be made by personal service in writing and served on the employee personally or by registered or certified mail, return receipt requested. Oral or written reprimands are not appealable. (b) The President of PEF 46.06 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 President’s designee shall arbitrator. 4. a suspension without pay or discharge may be advised by certified mail, return receipt requested, imposed concurrent with or subsequent to the decision at Step 3 of the name and work location of an employee against whom a notice of discipline has been servedGrievance Procedure. (c) 46.07 The notice Notice of discipline Discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 statement that: (1) . the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until (1) the employee fails to file a disciplinary grievance within 14 calendar days of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below or (3) the penalty is upheld or a different penalty is determined by the arbitrator to be appropriate, or (4) the matter is settled. (e) If not settled or otherwise resolved, the notice of discipline may be the subject of a grievance before the department or agency head, or a designee, and shall be filed either in person or by certified mail, return receipt requested, by the employee or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and the appointing authority or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f).five

Disciplinary Procedure. (a) a. When the District proposes a penalty of dismissal/termination from employment, it may only be imposed for just cause in accordance with the provisions set forth below. When the District seeks a proposed penalty less than dismissal/termination from employment, it shall be governed in accordance with Section 75 and 76 of Civil Service Law. Where the appointing authority Superintendent, or the authority’s designee designee, seeks to impose disciplinediscipline with any proposed penalty, notice of such discipline discipline, including the penalty sought, shall be made in writing and served upon the employee in person or by both regular mail and by certified return receipt requested mail to the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss 's address of leave credits or other privileges, or such other penalties as may be appropriaterecord. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a description of the alleged acts and conduct, conduct including reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) b. The penalty proposed by the appointing authority of termination may not be implemented until (until the employee {1) the employee fails to file a disciplinary grievance within 14 calendar ten (10) days of the service of the notice of discipline, or (2) having filed a disciplinary grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (44 ) until the matter is settled. (e) If . A penalty less than termination may not settled or otherwise resolved, the notice of discipline may be the subject of a grievance before the department or agency head, or a designee, and shall be filed either in person or by certified mail, return receipt requested, by implemented until the employee or by (1) fails to file a challenge to the representative with the employee’s consent, proposed penalty within 14 calendar ten (10) days of service of the notice of discipline, or (2) until a penalty has been imposed by the Board of Education in accordance with Civil Service Law Sections 75 and 76, or (3) until the matter is settled. c. When the District seeks the penalty of dismissal/termination from employment, the employee, or the employee’s union representative, may file a disciplinary grievance to challenge such dismissal/termination ("disciplinary grievance") which shall be filed with the Superintendent, or designee, in person or by both regular and certified return receipt requested mail within ten (10) days of the date of service of notice of discipline. Appeals of notices of discipline where the District seeks a penalty less than dismissal/termination from employment shall be governed by Civil Service Law Sections 75 and 76 and an employee challenging such penalty shall file a written notice of such challenge ("challenge") with the Superintendent, or designee, in person or by regular mail and certified return receipt requested mail within ten (10) days of the date of service of the notice of discipline. The failure of the employee to timely respond to the notice of discipline by filing a disciplinary grievance or challenge within this time period shall constitute an acceptance of the penalty proposed in the notice of discipline. d. Following the timely filing of a disciplinary grievance or challenge, the employee, or the employee's representative, shall be entitled to the opportunity for a meeting to present the employee's position to the Superintendent, or designee, within ten (10) days of the date of filing of the disciplinary grievance or challenge to a notice of discipline with a penalty less than termination. e. If the disciplinary grievance or challenge is signed not settled or otherwise resolved at the above meeting, or such meeting is not requested or held, it may be appealed to disciplinary arbitration by the employee, or the employee’s representative, and the appointing authority or the designee within ten (10) days of the appointing authority requests written confirmation date of the employee’s consent to the filing meeting or tire expiration of the grievanceten (10) day period for a meeting, such written consent must be provided whichever occurs later. Notice of appeal to the appointing authority disciplinary arbitration or the designee of the appointing authority no later than three (3) days prior challenge to the meeting. The employee Sections 75 and 76 shall be entitled to a meeting with served in person or by both regular mail and certified return receipt requested mail, upon the department or agency headSuperintendent, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f).

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority or the authority’s his designee seeks to impose disciplinethe 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 served, in person, by courier, or by registered or certified mail upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, 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. Two The employee shall be provided with two copies of the notice which shall include the statement, "You are provided two copies in order that one may be served on the employeegiven to your representative. Service of the notice of discipline shall be made by personal service or by certified mailYour Union representative is Council 82, return receipt requestedAFSCME.” (b) The President of PEF or Union grievance representative at the President’s designee appropriate level shall be advised by certified mail, return receipt requested, notified of the name and work location of an the employee against whom in writing within 24 hours of the service of a notice of discipline has been serveddiscipline. Notification will also be sent to the President of the Union. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance within 14 calendar days days* of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head or his designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the Union. The employee or the Union shall be entitled to a meeting to present his position to the department or agency head or his designee within 14 days of the receipt of a disciplinary grievance, and upon consideration of such position, the department or agency head shall advise the Union of its response in writing by registered or certified mail within seven days of such meeting. (e) If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the Union (or his designee) within 14 days of the service of the department or agency head response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the New York State Public Employment Relations Board, with a copy to the department or agency head, or a his designee. (f) The Employer and the Union shall continue the procedure for the arbitration process which is now in existence as contained in the agreement with the Public Employment Relations Board dated December 28, 1979, and as amended hereinafter. The parties agree to engage in discussions regarding arbitrators’ fees and study days which may result in a new side agreement which would then supercede the agreement with the Public Employment Relations Board referenced above. Arbitration hearings may not be rescheduled without mutual consent of the parties. (g) Either party wishing a transcript at a disciplinary arbitration hearing may provide for one at its expense and shall provide a copy to the arbitrator and the other party. Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration. (h) Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and the appropriateness of proposed penalties, taking into account mitigating and extenuating circumstances. Disciplinary arbitrators shall neither add to, subtract from nor modify the provisions of this Agreement. The disciplinary arbitrator's decision with respect to guilt or innocence, penalty, or probable cause for suspension, pursuant to Section 8.4 of this Article, shall be filed either in person final and binding upon the parties, and the disciplinary arbitrator may approve, disapprove or by certified mailtake any other appropriate action warranted under the circumstances, return receipt requestedincluding, by the employee but not limited to, ordering reinstatement and back pay for all or by the representative with the employee’s consent, within 14 calendar days of service part of the notice period of disciplinesuspension. If the disciplinary grievance is signed arbitrator, upon review, finds probable cause for the suspension, he may consider such suspension in determining the penalty to be imposed. (i) All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the Union or between the Employer and the employee if such employee chooses not to be represented by the employee’s representative, Union. Each party shall bear the costs of preparing and the appointing authority or the designee presenting its own case. The estimated arbitrator's fee and expenses and estimated expenses of the appointing authority requests written confirmation arbitration may be collected in advance of the employee’s consent hearing. (j) In the event that any employee against whom disciplinary charges are brought by the Employer elects to be represented by any party other than the filing of the grievanceUnion, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to individually responsible for all expenses which are incurred in connection with such disciplinary proceeding. No employee can be represented in such a meeting with the department disciplinary proceeding by any officer, executive board member, delegate, representative or agency head, employee of any actual or a designee. The meeting shall include an informal presentation by the department claimed employee organization or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or affiliate thereof other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f)Council 82.

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority or the authority’s his designee seeks to impose disciplinethe 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 served, in person, by courier, or by registered or certified mail upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, 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. Two The employee shall 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 NYSCOPBA." (b) The Union grievance representative at the appropriate level shall be served on the employee. Service sent a copy of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, within 24 hours of the name and work location service of an employee against whom a notice of discipline has been servedupon the employee. A copy of the notice of discipline will also be sent to the President of the Union. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance within 14 calendar days days* of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head or his designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the Union. The employee or the Union shall be entitled to a meeting to present his position to the department or agency head or his designee within 14 days of the receipt of a disciplinary grievance, and upon consideration of such position, the department or agency head shall advise the Union of its response in writing by registered or certified mail within seven days of such meeting. (e) If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the Union (or his designee) within 14 days of the service of the department or agency head response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the Public Employment Relations Board, with a copy to the department or agency head, or a his designee. ‘ Unless otherwise specified days as used in this Article shall mean calendar days. (f) The Employer and the Union shall continue the procedure for the arbitration process which is now in existence as contained in the agreement with the Public Employment Relations Board dated December 28,1979, and as amended hereinafter. Arbitration hearings may not be rescheduled without mutual consent of the parties. (g) Either party wishing a transcript at a disciplinary arbitration hearing may provide for one at its expense and shall provide a copy to the arbitrator and the other party. Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration. (h) Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and the appropriateness of proposed penalties, taking into account mitigating and extenuating circumstances. Disciplinary arbitrators shall neither add to, subtract from nor modify the provisions of this Agreement. The disciplinary arbitrator's decision with respect to guilt or innocence, penalty, or probable cause for suspension, pursuant to Section 8.4 of this Article, shall be filed either in person final and binding upon the parties, and the disciplinary arbitrator may approve, disapprove or by certified mailtake any other appropriate action warranted under the circumstances, return receipt requestedincluding, by the employee but not limited to, ordering reinstatement and back pay for all or by the representative with the employee’s consent, within 14 calendar days of service part of the notice period of disciplinesuspension. If the disciplinary grievance is signed arbitrator, upon review, finds probable cause for the suspension, he may consider such suspension in determining the penalty to be imposed. (i) All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the Union or between the Employer and the employee if such employee chooses not to be represented by the employee’s representative, Union. Each party shall bear the costs of preparing and the appointing authority or the designee presenting its own case. The estimated arbitrator's fee and expenses and estimated expenses of the appointing authority requests written confirmation arbitration may be collected in advance of the employee’s consent hearing. (j) In the event that any employee against whom disciplinary charges are brought by the Employer elects to be represented by any party other than the filing of the grievanceUnion, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to individually responsible for all expenses which are incurred in connection with such disciplinary proceeding. No employee can be represented in such a meeting with the department disciplinary proceeding by any officer, executive board member, delegate, representative or agency head, employee of any actual or a designee. The meeting shall include an informal presentation by the department claimed employee organization or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or affiliate thereof other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f)NYSCOPBA.

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority Employer seeks the imposition of a loss or the authority’s designee seeks to impose disciplineleave credits or other privilege, written pay, reduction in grade or dismissal from service, notice of such discipline shall be made in writing and served served, in person or by registered or certified mail, upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places. Two references provided with two (2) copies of the notice which shall include the statement, “You are provided two copies in order that one may be served on given to your representative. Your representative is the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requestedUnion.” (b) The President of PEF or the President’s designee Union shall be advised by certified mail, return receipt requested, notified of the name and work location of an employee against whom the employee, in writing, within twenty-four (24) hours of the service of a notice of discipline has been serveddiscipline. (c) The notice of discipline served on penalty may not be implemented until the employee shall be accompanied by a copy of this Article and a written statement1 thatemployee: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until (1) the employee fails to file a disciplinary grievance within 14 calendar ten (10) days of the service of the notice of discipline, or ; or (2) having filed a grievance, the employee he fails to file a timely appeal as provided in subdivision to the Public Employment Relations Board (f) below or for appointment of a Disciplinary Arbitrator, until and the extent that it is upheld by the Disciplinary Arbitrator; or (3) the penalty is upheld or a different penalty is determined by the arbitrator to be appropriate, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head, head or a his designee, and shall be filed either in person or by registered or certified mail, return receipt requested, within ten (10) days of the date of the notice of discipline by the employee or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and the appointing authority or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meetingUnion. The employee or the Union shall be entitled to a meeting with to present his position to the department Employer or agency head, or a designee. The meeting shall include an informal presentation by his designee within ten (10) days of the department or agency head, or a designeereceipt of the disciplinary grievance, and by the employee, or a union representative, upon consideration of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnessessuch position, the identification or specific description Employer shall advise the Union of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, his response in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified registered mail, return receipt requested, no later than seven certified mail or in person within (75) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. (e) The Employer’s response may be appealed to Disciplinary Arbitration by the employee or the Union within (10) days of the service of the Employer’s response. When Notice of appeal to Disciplinary Arbitration shall be served by registered or certified mail with the department PUBLIC EMPLOYMENT RELATIONS BOARD (“PERB”), with a copy to the Employer or agency head, or its designee. PERB shall appoint a designee, fails to issue Disciplinary Arbitrator who shall give at least eight (8) days’ notice of a written response within seven hearing. (7f) calendar Within five (5) days of the receipt of the list of arbitrators from such meetingPERB, the grievant or Employer and the grievantUnion shall jointly agree on a Disciplinary Arbitrator. If they cannot agree, an arbitrator shall be selected pursuant to PERB’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision procedures. (f).g) The Disciplinary Arbitrator shall hold a hearing within twenty

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority or the authority’s his designee seeks to impose disciplinethe 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 served, in person, by courier, or by registered or certified mail upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, 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. Two The employee shall 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 NYSCOPBA." (b) The Union grievance representative at the appropriate level shall be served on the employee. Service sent a copy of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, within 24 hours of the name and work location service of an employee against whom a notice of discipline has been servedupon the employee. A copy of the notice of discipline will also be sent to the President of the Union. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance within 14 calendar days days* of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head or his designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the Union. The employee or the Union shall be entitled to a meeting to present his position to the department or agency head or his designee within 14 days of the receipt of a disciplinary grievance, and upon consideration of such position, the department or agency head shall advise the Union of its response in writing by registered or certified mail within seven days of such meeting. (e) If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the Union (or his designee) within 14 days of the service of the department or agency head response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the Public Employment Relations Board, with a copy to the department or agency head, or a his designee. *Unless otherwise specified days as used in this Article shall mean calendar days. (f) The Employer and the Union shall continue the procedure for the arbitration process which is now in existence as contained in the agreement with the Public Employment Relations Board dated December 28, 1979, and as amended hereinafter. Arbitration hearings may not be rescheduled without mutual consent of the parties. (g) Either party wishing a transcript at a disciplinary arbitration hearing may provide for one at its expense and shall provide a copy to the arbitrator and the other party. Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration. (h) Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and the appropriateness of proposed penalties, taking into account mitigating and extenuating circumstances. Disciplinary arbitrators shall neither add to, subtract from nor modify the provisions of this Agreement. The disciplinary arbitrator's decision with respect to guilt or innocence, penalty, or probable cause for suspension, pursuant to Section 8.4 of this Article, shall be filed either in person final and binding upon the parties, and the disciplinary arbitrator may approve, disapprove or by certified mailtake any other appropriate action warranted under the circumstances, return receipt requestedincluding, by the employee but not limited to, ordering reinstatement and back pay for all or by the representative with the employee’s consent, within 14 calendar days of service part of the notice period of disciplinesuspension. If the disciplinary grievance is signed arbitrator, upon review, finds probable cause for the suspension, he may consider such suspension in determining the penalty to be imposed. (i) All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the Union or between the Employer and the employee if such employee chooses not to be represented by the employee’s representative, Union. Each party shall bear the costs of preparing and the appointing authority or the designee presenting its own case. The estimated arbitrator's fee and expenses and estimated expenses of the appointing authority requests written confirmation arbitration may be collected in advance of the employee’s consent hearing. (j) In the event that any employee against whom disciplinary charges are brought by the Employer elects to be represented by any party other than the filing of the grievanceUnion, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to individually responsible for all expenses which are incurred in connection with such disciplinary proceeding. No employee can be represented in such a meeting with the department disciplinary proceeding by any officer, executive board member, delegate, representative or agency head, employee of any actual or a designee. The meeting shall include an informal presentation by the department claimed employee organization or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or affiliate thereof other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f)NYSCOPBA.

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority or the authority’s his designee seeks to impose disciplinethe 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 served, in person, by courier, or by registered or certified mail upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, 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. Two The employee shall 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 NYSCOPBA." (b) The Union grievance representative at the appropriate level shall be served on the employee. Service sent a copy of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, within 24 hours of the name and work location service of an employee against whom a notice of discipline has been servedupon the employee. A copy of the notice of discipline will also be sent to the President of the Union. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance within 14 calendar days days* of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head or his designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the Union. The employee or the Union shall be entitled to a meeting to present his position to the department or agency head or his designee within 14 days of the receipt of a disciplinary grievance, and upon consideration of such position, the department or agency head shall advise the Union of its response in writing by registered or certified mail within seven days of such meeting. (e) If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the Union (or his designee) within 14 days of the service of the department or agency head response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the Public Employment Relations Board, with a copy to the department or agency head, or a his designee. (f) The Employer and the Union shall continue the procedure for the arbitration process which is now in existence as contained in the agreement with the Public Employment Relations Board dated December 28, 1979, and as amended hereinafter. Arbitration hearings may not be rescheduled without mutual consent of the parties. (g) Either party wishing a transcript at a disciplinary arbitration hearing may provide for one at its expense and shall provide a copy to the arbitrator and the other party. Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration. (h) Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and the appropriateness of proposed penalties, taking into account mitigating and extenuating circumstances. Disciplinary arbitrators shall neither add to, subtract from nor modify the provisions of this Agreement. The disciplinary arbitrator's decision with respect to guilt or innocence, penalty, or probable cause for suspension, pursuant to Section 8.4 of this Article, shall be filed either in person final and binding upon the parties, and the disciplinary arbitrator may approve, disapprove or by certified mailtake any other appropriate action warranted under the circumstances, return receipt requestedincluding, by the employee but not limited to, ordering reinstatement and back pay for all or by the representative with the employee’s consent, within 14 calendar days of service part of the notice period of disciplinesuspension. If the disciplinary grievance is signed arbitrator, upon review, finds probable cause for the suspension, he may consider such suspension in determining the penalty to be imposed. (i) All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the Union or between the Employer and the employee if such employee chooses not to be represented by the employee’s representative, Union. Each party shall bear the costs of preparing and the appointing authority or the designee presenting its own case. The estimated arbitrator's fee and expenses and estimated expenses of the appointing authority requests written confirmation arbitration may be collected in advance of the employee’s consent hearing. (j) In the event that any employee against whom disciplinary charges are brought by the Employer elects to be represented by any party other than the filing of the grievanceUnion, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to individually responsible for all expenses which are incurred in connection with such disciplinary proceeding. No employee can be represented in such a meeting with the department disciplinary proceeding by any officer, executive board member, delegate, representative or agency head, employee of any actual or a designee. The meeting shall include an informal presentation by the department claimed employee organization or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or affiliate thereof other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f).NYSCOPBA.‌

Disciplinary Procedure. (a) a. Discipline shall be imposed only for just cause. Where the appointing authority College President, or the authority’s designee designee, seeks to impose im- pose discipline, notice of such discipline shall be made in writing and served upon the employee in person or by registered or certified mail, return receipt requested, to the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss ’s address of leave credits or other privileges, or such other penalties as may be appropriaterecord. The specific acts con- duct for which discipline is being imposed and the penalty or penalties proposed shall be specified specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, including conduct includ- ing reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) b. The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file file a disciplinary grievance griev- ance within 14 calendar 10 days of the service of the notice of discipline, or (2) having filed filed a disciplinary grievance, the employee fails to file file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (e) If not settled or otherwise resolved, the c. The notice of discipline may be the subject of a disciplinary grievance before which shall be filed with the department or agency headChancellor, or a designee, and shall be filed either in person or by certified registered or certified mail, return receipt requested, by the employee em- ployee, or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and on a disciplinary grievance form to be provided by the appointing authority or the designee State, within 10 days of the appointing authority requests written confirmation date of service of notice of discipline. The employee’s selection of a representative as indicated on the Disciplinary Grievance orm when filed is final and not subject to change. A copy of the notice of discipline must be attached to the disciplinary grievance form. A disciplinary grievance shall be regarded as filed even if it does not contain a copy of the Notice of Discipline, required by subdivision 19.4(c). However, such grievance shall not be reviewed unless all of the information required by the griev- ance form or otherwise required by grievance steps of Article 19 has been provided. The employee, or the employee’s consent to the filing of the grievancerepresentative, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with to present the department or agency heademployee’s position to the Chan- cellor, or a designee, within 10 days of the date of filing of the disciplinary grievance. The purpose of the meeting shall include an informal presentation by be the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review possible adjustment of the evidence matter and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification evidence or specific description specification of documents, or other formal disclosure of evidence particulars by either party. The meeting provided for herein may be waivedwaived by the employee, in writing, on the grievance form, only in accordance with provisions of Section 33.4(c)(219.7(b). A written response shall If the meeting has not been waived but cannot be rendered in personheld within 10 working days of the date of filing of the disciplinary grievance by reason of the unavailability of the employee, or the em- ployee’s representative, or on such other date as may be mutually agreed upon, the Chancellor, or de- signee, may, at the option of the Chancellor, or designee, review the disciplinary grievance on the basis of the existing record. The Chancellor, or designee, shall provide the employee, or the employee’s represen- tative, with a response in writing by certified registered or certified mail, return receipt requested, no later than seven (7) calendar or by personal service within twenty days after such meeting. If possible, of the department meeting or agency headreview, or within five days of the meeting or review if the employee has been suspended without pay under Section 19.7 of this Article. d. If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary ar- bitration by the employee, or the employee’s representative, within 10 days of receipt of the response of the Chancellor, or designee. Notice of appeal to disciplinary arbitration shall be filed by registered or certi- fied mail, return receipt requested, or by personal service upon the Director of the Governor’s Office of Employee Relations, or designee. A copy of the appeal shall be sent simultaneously to the College Presi- dent and the Chancellor’s designee. e. The State and UUP shall jointly agree, within 15 days of the execution of this Agreement, on a designee25- member panel of disciplinary arbitrators. Each member of the panel shall be assigned a number in rota- tion. In the event of a disciplinary arbitration, each party shall rank the next five members of the panel in rotation and the member with the highest ranking shall serve as the arbitrator. In the event of a tie, selec- tion shall be by lot. The State agrees to perform activities necessary to appropriate administration of the panel including, but not limited to, identifying arbitrators’ availability, notifying them of their appointment and assisting in arranging for hearing rooms. f. The disciplinary arbitrator shall hold a hearing within 10 days of appointment, or as soon thereafer as practical, or within such other period as may be mutually agreed upon by the parties, recognizing, how- ever, that except in unusual circumstances a hearing should be concluded within 30 days of the appoint- ment of the arbitrator. The disciplinary arbitrator shall render the written response at a decision within five days of the close of such meeting. When the department or agency headhearing, or within five days afer receipt of the transcript, if either party elects a designeetranscript, fails or within such other time as may be mutually agreed upon by the parties. g. Either party wishing a transcript of a disciplinary arbitration hearing may provide for one at its ex- pense and shall provide a copy to issue a written response within seven (7) calendar days from such meetingthe arbitrator and the other party; provided, however, the grievant decision to make a transcript must be announced at the beginning of the hearing and the transcript must cover the entire hearing, not just a portion thereof. Delays in the preparation of a transcript shall not constitute a basis for delays in scheduling hearing dates. h. The disciplinary arbitrator shall be confined to determinations of guilt or innocence, the grievant’s representative has appropriate- ness of proposed penalties, and shall have exclusive jurisdiction over issues of timeliness arising under the right procedures of this Article including those arising pursuant to proceed directly Section 19.9, but shall not consider alleged violations of other provisions of this Agreement, which shall be subject only to the next appropriate level by filing an appeal in accordance with subdivision (f).provisions of Article 7,

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority or the authority’s its designee seeks to impose disciplinethe 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 served, in person, by courier, or by registered or certified mail upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, 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. Two The employee shall 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 NYSCOPBA.” (b) The Union grievance representative at the appropriate level shall be served on the employee. Service sent a copy of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, within 24 hours of the name and work location service of an employee against whom a notice of discipline has been servedupon the employee. A copy of the notice of discipline will also be sent to the President of the Union. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance within 14 calendar days days3 of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head or their designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the Union. The employee or the Union shall be entitled to a meeting to present their position to the department or agency head or their designee within 14 days of the receipt of a disciplinary grievance, and upon 3 Unless otherwise specified days as used in this Article shall mean calendar days. consideration of such position, the department or agency head shall advise the Union of its response in writing by registered or certified mail within seven days of such meeting. (e) If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the Union (or their designee) within 14 days of the service of the department or agency head response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the Public Employment Relations Board, with a copy to the department or agency head, or a their designee. (f) The Employer and the Union shall continue the procedure for the arbitration process which is now in existence as contained in the agreement with the Public Employment Relations Board dated December 28, 1979, and shall as amended hereinafter. Arbitration hearings may not be filed either in person or by certified mail, return receipt requested, by the employee or by the representative with the employee’s consent, within 14 calendar days of service rescheduled without mutual consent of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and the appointing authority or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f)parties.

Disciplinary Procedure. (a) a. Discipline shall be imposed only for just cause. Where the appointing authority College President, or the authority’s designee designee, seeks to impose im- pose discipline, notice of such discipline shall be made in writing and served upon the employee in person or by registered or certified mail, return receipt requested, to the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss ’s address of leave credits or other privileges, or such other penalties as may be appropriaterecord. The specific acts con- duct for which discipline is being imposed and the penalty or penalties proposed shall be specified specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, including conduct includ- ing reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) The President of PEF or the President’s designee shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) b. The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file file a disciplinary grievance griev- ance within 14 calendar 10 days of the service of the notice of discipline, or (2) having filed filed a disciplinary grievance, the employee fails to file file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (e) If not settled or otherwise resolved, the c. The notice of discipline may be the subject of a disciplinary grievance before which shall be filed with the department or agency headChancellor, or a designee, and shall be filed either in person or by certified registered or certified mail, return receipt requested, by the employee em- ployee, or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and on a disciplinary grievance form to be provided by the appointing authority or the designee State, within 10 days of the appointing authority requests written confirmation date of service of notice of discipline. The employee’s selection of a representative as indicated on the Disciplinary Grievance Form when filed is final and not subject to change. A copy of the notice of discipline must be attached to the disciplinary grievance form. A disciplinary grievance shall be regarded as filed even if it does not contain a copy of the Notice of Discipline, required by subdivision 19.4(c). However, such grievance shall not be reviewed unless all of the information required by the griev- ance form or otherwise required by grievance steps of Article 19 has been provided. The employee, or the employee’s consent to the filing of the grievancerepresentative, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with to present the department or agency heademployee’s position to the Chan- cellor, or a designee, within 10 days of the date of filing of the disciplinary grievance. The purpose of the meeting shall include an informal presentation by be the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review possible adjustment of the evidence matter and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification evidence or specific description specification of documents, or other formal disclosure of evidence particulars by either party. The meeting provided for herein may be waivedwaived by the employee, in writing, on the grievance form, only in accordance with provisions of Section 33.4(c)(219.7(b). A written response shall If the meeting has not been waived but cannot be rendered in personheld within 10 working days of the date of filing of the disciplinary grievance by reason of the unavailability of the employee, or the em- ployee’s representative, or on such other date as may be mutually agreed upon, the Chancellor, or de- signee, may, at the option of the Chancellor, or designee, review the disciplinary grievance on the basis of the existing record. The Chancellor, or designee, shall provide the employee, or the employee’s represen- tative, with a response in writing by certified registered or certified mail, return receipt requested, no later than seven (7) calendar or by personal service within twenty days after such meeting. If possible, of the department meeting or agency headreview, or within five days of the meeting or review if the employee has been suspended without pay under Section 19.7 of this Article. d. If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary ar- bitration by the employee, or the employee’s representative, within 10 days of receipt of the response of the Chancellor, or designee. Notice of appeal to disciplinary arbitration shall be filed by registered or certi- fied mail, return receipt requested, or by personal service upon the Director of the Governor’s Office of Employee Relations, or designee. A copy of the appeal shall be sent simultaneously to the College Presi- dent and the Chancellor’s designee. e. The State and UUP shall jointly agree, within 15 days of the execution of this Agreement, on a designee25- member panel of disciplinary arbitrators. Each member of the panel shall be assigned a number in rota- tion. In the event of a disciplinary arbitration, each party shall rank the next five members of the panel in rotation and the member with the highest ranking shall serve as the arbitrator. In the event of a tie, selec- tion shall be by lot. The State agrees to perform activities necessary to appropriate administration of the panel including, but not limited to, identifying arbitrators’ availability, notifying them of their appointment and assisting in arranging for hearing rooms. f. The disciplinary arbitrator shall hold a hearing within 10 days of appointment, or as soon thereafter as practical, or within such other period as may be mutually agreed upon by the parties, recognizing, how- ever, that except in unusual circumstances a hearing should be concluded within 30 days of the appoint- ment of the arbitrator. The disciplinary arbitrator shall render the written response at a decision within five days of the close of such meeting. When the department or agency headhearing, or within five days after receipt of the transcript, if either party elects a designeetranscript, fails or within such other time as may be mutually agreed upon by the parties. g. Either party wishing a transcript of a disciplinary arbitration hearing may provide for one at its ex- pense and shall provide a copy to issue a written response within seven (7) calendar days from such meetingthe arbitrator and the other party; provided, however, the grievant decision to make a transcript must be announced at the beginning of the hearing and the transcript must cover the entire hearing, not just a portion thereof. Delays in the preparation of a transcript shall not constitute a basis for delays in scheduling hearing dates. h. The disciplinary arbitrator shall be confined to determinations of guilt or innocence, the grievant’s representative has appropriate- ness of proposed penalties, and shall have exclusive jurisdiction over issues of timeliness arising under the right procedures of this Article including those arising pursuant to proceed directly Section 19.9, but shall not consider alleged violations of other provisions of this Agreement, which shall be subject only to the next appropriate level by filing an appeal in accordance with subdivision (f).provisions of Article 7,

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority or the authority’s designee seeks to impose disciplinethe 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 served, in person, by courier, or by registered or certified mail upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, 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. Two The employee shall be provided with two copies of the notice which shall include the statement, "You are provided two copies in order that one may be served on given to your representative. Your PBA representative is the employee. Service Police Benevolent Association of the notice of discipline shall be made by personal service or by certified mailNew York State, return receipt requested.Inc. (b) The President of PEF or PBA grievance representative at the President’s designee appropriate level shall be advised by certified mail, return receipt requested, notified of the name and work location of an the employee against whom in writing within 24 hours of the service of a notice of discipline has been serveddiscipline. Notification will also be sent to the President of the PBA. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance within 14 calendar days days1 of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head or designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the PBA. The employee or the PBA shall be entitled to a meeting to present the employee’s position to the department or agency head or designee within 14 days of the receipt of a disciplinary grievance, and upon consideration of such position, the department or agency head shall advise the PBA of its response in writing by registered or certified mail within seven days of such meeting. (e) If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the PBA (or designee) within 14 days of the service of the department or agency head response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered 1 Unless otherwise specified days as used in this Article shall mean calendar days. or certified mail, with the New York State Public Employment Relations Board, with a copy to the department or agency head, or designee. (f) The Employer and the PBA shall continue the procedure for the arbitration process which is now in existence as contained in the notice to the Public Employment Relations Board outlining the disciplinary panel and procedures for PBA bargaining unit members dated November 18, 2013 and as amended by mutual agreement hereafter. (g) Either party wishing a designeetranscript at a disciplinary arbitration hearing may provide for one at its expense and shall provide a copy to the arbitrator and the other party. Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration. (h) Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and the appropriateness of proposed penalties, taking into account mitigating and extenuating circumstances. Disciplinary arbitrators shall neither add to, subtract from, nor modify the provisions of this Agreement. The disciplinary arbitrator's decision with respect to guilt or innocence, penalty, or probable cause for suspension, pursuant to Section 8.4 of this Article, shall be final and binding upon the parties, and shall be filed either in person the disciplinary arbitrator may approve, disapprove or by certified mailtake any other appropriate action warranted under the circumstances, return receipt requestedincluding, by the employee but not limited to, ordering reinstatement and back pay for all or by the representative with the employee’s consent, within 14 calendar days of service part of the notice period of disciplinesuspension. If the disciplinary grievance arbitrator, upon review, finds probable cause for the suspension, the arbitrator may consider such suspension in determining the penalty to be imposed. (i) All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the PBA or between the Employer and the employee if such employee is signed not being represented by the employee’s representative, PBA. Each party shall bear the costs of preparing and the appointing authority or the designee presenting its own case. The estimated arbitrator's fee and expenses and estimated expenses of the appointing authority requests written confirmation arbitration may be collected in advance of the employee’s consent to hearing. (j) In the filing of event that any employee against whom disciplinary charges are brought by the grievanceEmployer is not being represented by the PBA, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to individually responsible for all expenses which are incurred in connection with such disciplinary proceeding. No employee can be represented in such a meeting with disciplinary proceeding by any officer, executive board member, delegate, representative or employee of any actual or claimed employee organization or affiliate thereof other than the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f)PBA.

Disciplinary Procedure. (a) Where 46.01 This procedure shall apply to all non-probationary employees covered by this Agreement. 46.02 All employees shall have the appointing authority or the authority’s designee seeks to impose discipline, notice of such discipline following rights: A. An employee shall be made entitled to representation by a Union 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 the result of the exercise of his rights under this procedure. 46.03 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in writing accordance with the Employer’s Rules and served upon Regulations and the employee. ’s employment shall be terminated. 46.04 Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts for which discipline is being imposed and the penalty or penalties proposed shall be specified in the noticeNotice of Discipline. The notice Notice served on the employee shall contain a description of the alleged acts and conduct, including reference to dates, times and places. Two copies , if possible. 46.05 Where the appointing authority seeks as a penalty the imposition of the notice shall be served on the employee. Service of the a suspension without pay, a demotion or removal from service, notice of such discipline shall be made by personal service in writing and served on the employee personally or by registered or certified mail, return receipt requested. Oral or written reprimands are not appealable. (b) The President of PEF 46.06 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 President’s designee shall arbitrator. 4. a suspension without pay or discharge may be advised by certified mail, return receipt requested, imposed concurrent with or subsequent to the decision at Step 3 of the name and work location of an employee against whom a notice of discipline has been servedGrievance Procedure. (c) 46.07 The notice Notice of discipline Discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 statement that: (1) . the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until (1) the employee fails to file a disciplinary grievance within 14 calendar days of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below or (3) the penalty is upheld or a different penalty is determined by the arbitrator to be appropriate, or (4) the matter is settled. (e) If not settled or otherwise resolved, the notice of discipline may be the subject of a grievance before the department or agency head, or a designee, and shall be filed either in person or by certified mail, return receipt requested, by the employee or by the representative with the employee’s consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and the appointing authority or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f).five

Disciplinary Procedure. (a) Discipline shall be imposed only for just cause. Where the appointing authority or the authority’s his designee seeks to impose disciplinethe 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 served, in person, by courier, or by registered or certified mail upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places, and if the Employer claims that the employee has been charged with a crime for the alleged acts, 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. Two The employee shall be provided with two copies of the notice which shall include the statement, "You are provided two copies in order that one may be served on given to your representative. Your PBA representative is the employee. Service Police Benevolent Association of the notice of discipline shall be made by personal service or by certified mailNew York State, return receipt requested.Inc. (b) The President of PEF or PBA grievance representative at the President’s designee appropriate level shall be advised by certified mail, return receipt requested, notified of the name and work location of an the employee against whom in writing within 24 hours of the service of a notice of discipline has been serveddiscipline. Notification will also be sent to the President of the PBA. (c) The notice of discipline served on penalty proposed may not be implemented until the employee shall be accompanied by a copy of this Article and a written statement1 that:employee (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) The penalty proposed by the appointing authority may not be implemented until (1) the employee fails to file a disciplinary grievance within 14 calendar days days* of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (ed) If not settled or otherwise resolved, the The notice of discipline may be the subject of a disciplinary grievance before which shall be served upon the department or agency head or his designee in person or by registered or certified mail within 14 days of the date of the notice of discipline by the employee or the PBA. The employee or the PBA shall be entitled to a meeting to present his position to the department or agency head or his designee within 14 days of the receipt of a disciplinary grievance, and upon consideration of such position, the department or agency head shall advise the PBA of its response in writing by registered or certified mail within seven days of such meeting. (e) If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the President of the PBA (or his designee) within 14 days of the service of the department or agency head response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the New York State Public Employment Relations Board, with a copy to the department or agency head, or his designee. (f) The Employer and the PBA shall continue the procedure for the arbitration process which is now in existence as contained in the notice to the Public Employment Relations Board outlining the disciplinary panel and procedures for PBA bargaining unit members dated November 18, 2013 and as amended by mutual agreement hereafter. (g) Either party wishing a designeetranscript at a disciplinary arbitration hearing may provide for one at its expense and shall provide a copy to the arbitrator and the other party. Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration. (h) Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and the appropriateness of proposed penalties, taking into account mitigating and extenuating circumstances. Disciplinary arbitrators shall neither add to, subtract from, nor modify the provisions of this Agreement. The disciplinary arbitrator's decision with respect to guilt or innocence, penalty, or probable cause for suspension, pursuant to Section 8.4 of this Article, shall be final and binding upon the parties, and shall be filed either in person the disciplinary arbitrator may approve, disapprove or by certified mailtake any other appropriate action warranted under the circumstances, return receipt requestedincluding, by the employee but not limited to, ordering reinstatement and back pay for all or by the representative with the employee’s consent, within 14 calendar days of service part of the notice period of disciplinesuspension. If the disciplinary grievance arbitrator, upon review, finds probable cause for the suspension, he may consider such suspension in determining the penalty to be imposed.‌ (i) All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the PBA or between the Employer and the employee if such employee is signed not being represented by the employee’s representative, PBA. Each party shall bear the costs of preparing and the appointing authority or the designee presenting its own case. The estimated arbitrator's fee and expenses and estimated expenses of the appointing authority requests written confirmation arbitration may be collected in advance of the employee’s consent to hearing. (j) In the filing of event that any employee against whom disciplinary charges are brought by the grievanceEmployer is not being represented by the PBA, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to individually responsible for all expenses which are incurred in connection with such disciplinary proceeding. No employee can be represented in such a meeting with disciplinary proceeding by any officer, executive board member, delegate, representative or employee of any actual or claimed employee organization or affiliate thereof other than the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f)PBA.

Disciplinary Procedure. (a) A. Discipline shall be imposed only for just cause. Where the appointing authority Employer seeks the imposition of a loss of leave credits or the authority’s designee seeks to impose disciplineother 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 served, in person, or by registered or certified mail, upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts conduct for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice served on the employee shall contain a detailed description of the alleged acts and conduct, conduct including reference to dates, times and places. Two copies of , and if the notice shall be served on Employer claims that the employee. Service of employee has been charged with a crime for the alleged acts, 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 be made by personal service or by certified mailprovided with two copies of the notice, return receipt requestedwhich shall include the statement, "You are provided two copies in order that one may be given to your representative. Your Union representative is Town of Bethlehem Telecommunicators Union, Local 3443, Council 66, AFSCME." (b) B. The President of PEF or the President’s designee Union shall be advised by certified mail, return receipt requested, notified of the name and work location of an the employee against whom in writing within 24 hours of the service of a notice of discipline has been serveddiscipline. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 that: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed. (d) C. The penalty proposed by the appointing authority may not be implemented until until the employee (1) the employee fails to file a disciplinary grievance within 14 calendar days days* of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below to disciplinary arbitration, or (3) having appealed to disciplinary arbitration, until and to the penalty extent that it is upheld or a different penalty is determined by the arbitrator to be appropriatedisciplinary arbitrator, or (4) until the matter is settled. (e) If not settled or otherwise resolved, the D. The notice of discipline may be the subject of a grievance before the department or agency headdisciplinary grievance, or a designee, and which shall be filed either served upon the Chief of Police in person or by registered, or certified mail, return receipt requested, mail within 14 days of the date of the notice of discipline by the employee or by the representative with Union. The employee or the employee’s consent, Union shall be entitled to a meeting to present his position to the Chief of Police or his designee within 14 calendar 7 days of service the receipt of a disciplinary grievance and upon consideration of such position, the notice Chief of disciplinePolice shall advise the Union of his/her response in writing by registered or certified mail within seven days of such meeting. If the disciplinary grievance is signed by not settled or otherwise resolved, the employee’s representative, and the appointing authority employee or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee Union shall be entitled to a meeting to present his/her position to the Supervisor or his/her designee within seven days of the service of the Chief of Police's response, and upon consideration of such position, the Supervisor shall advise the Union of his/her response in writing by registered or certified mail within seven days of such meeting. E. If the disciplinary grievance is not settled or otherwise resolved, it may be appealed to disciplinary arbitration by the employee or the Union within 14 days of the service of the Supervisor's response. Notice of appeal to disciplinary arbitration shall be served, by personal service, registered or certified mail, with the department or agency headNew York State Public Employment Relations Board, with a copy to the Supervisor. F. The Employer and the Union agree that the disciplinary arbitrator shall be selected pursuant to the voluntary arbitration rules of procedure of the Public Employment Relations Board. G. The disciplinary arbitrator shall be requested to render his/her decision within 14 days of the date of the arbitration hearing, or a designeewithin 14 days of the submission date of any written briefs, should such be required. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, voluntary arbitration rules of relevant information concerning the acts or omissions specified in the notice of discipline, a general review procedure of the evidence Public Employment Relations Board shall be used in conducting all arbitration hearings. H. Either party wishing a transcript at a disciplinary arbitration hearing may provide for one at its expense and defenses that will be presented if the matter proceeds shall provide a copy to the next levelarbitrator and the other party. Unless mutually agreed otherwise, transcripts must be requested prior to the first day of a disciplinary arbitration. I. Disciplinary arbitrators shall confine themselves to determinations of guilt or innocence and a discussion of the appropriateness of proposed penalties. Disciplinary arbitrators shall neither add to, subtract from, nor modify the proposed penaltyprovisions of this Agreement. The meeting need not involve the identification disciplinary arbitrator's decisions with respect to guilt or presentation of prospective witnessesinnocence, the identification or specific description of documentspenalty, or probable cause for suspension, pursuant to Section 5.4 of this Article, shall be final and binding upon the parties, and the disciplinary arbitrator may approve, disapprove, or take any other formal disclosure appropriate action warranted under the circumstances, including, but not limited to, ordering reinstatement and back pay for all or part of evidence the period of suspension. If the disciplinary arbitrator, upon review, finds probable cause for the suspension, he may consider such suspension in determining the penalty to be imposed. J. All fees and expenses of the arbitrator, if any, shall be divided equally between the Employer and the Union or between the Employer and the employee if such employee chooses not to be represented by either partythe Union. Each party shall bear the costs of preparing and presenting its own case. The meeting provided for herein estimated arbitrator's fee and expenses and estimated expenses of the arbitration may be waivedcollected in advance of the hearing. K. In the event that any employee against whom disciplinary charges are brought by the Employer elects to be represented by any party other than the Union, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response such employee shall be rendered individually responsible for all expenses, which are incurred in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after connection with such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f)disciplinary proceeding.

Disciplinary Procedure. (a) Where 35.01 This procedure shall apply to all non-probationary employees covered by this Agreement. 35.02 All employees shall have the appointing authority or the authority’s designee seeks to impose discipline, notice of such discipline following rights: A. An employee shall be entitled to representation by a Union 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 their hours, wages, or working conditions as the result of the exercise of their rights under this procedure. 35.03 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in writing accordance with the terms of this Agreement and served upon the employee. ’s employment shall be terminated. 35.04 Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts for which discipline is being imposed and the penalty or penalties proposed shall be specified in the noticeNotice of Discipline. The notice Notice served on the employee shall contain a description of the alleged acts and conduct, including reference to dates, times and places. Two copies , if possible. 35.05 Where the appointing authority seeks as a penalty the imposition of the notice shall be served on the employee. Service of the a suspension without pay, a demotion or removal from service, notice of such discipline shall be made by personal service in writing and served on the employee personally or by registered or certified mail, return receipt requested. (b) The President of PEF or the President’s designee 35.06 Discipline shall not be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 thatimplemented until either: (1) the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) the employee is entitled to be accompanied for the purposes of representation by PEF or an attorney at every step of the disciplinary proceeding; (4) if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the . The matter is settled, or until the arbitration procedure specified in subdivision (f) below, is completed.or (d) 2. The penalty proposed by the appointing authority may not be implemented until (1) the employee fails to file a disciplinary grievance within 14 calendar days of the service of the notice of disciplinetime frame provided by this procedure, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (f) below or (or 3) the . 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. 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 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. 35.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be appropriateimplemented, or (4) except as provided in paragraph 35.12, until the matter is settledsettled or the arbitrator renders a determination. (e) If not settled or otherwise resolved35.09 The following administrative procedures shall apply to disciplinary actions: A. The appointing authority, the notice of discipline may be the subject of a grievance before the department or agency head, or a designeeemployee involved, and the Union are encouraged to settle disciplinary matters informally. All parties shall be filed either in person or by certified mail, return receipt requested, by extend a good faith effort to settle the matter at the earliest possible time. The appointing authority may hold an informal meeting with the employee or by for the representative with purpose of discussing the employee’s consent, within 14 calendar days matter prior to the formal presentation of service written charges. The specific nature of the notice of discipline. If the disciplinary grievance is signed by the employee’s representativematter will be addressed, and the appointing authority or may offer a proposed disciplinary penalty. The employee must be advised before meeting that they are entitled to representation by the designee of Union during the initial discussion. B. If a mutually agreeable settlement is not reached at this informal meeting the appointing authority requests written confirmation 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 consent 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 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. 35.10 A failure to submit an appeal within the above time limit shall be construed as an Agreement to the filing 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 grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee settlement shall be entitled agreed to a meeting with the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response An employee executing a settlement shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close notified of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly have a Union representative or to decline any such representation. In the next appropriate level event any employee declines Union representation, the Union shall have a right to be present. A settlement entered into by filing an employee or the Union on their 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 after the decision at Step 4 of the Grievance Procedure. 35.13 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 appeal in accordance with subdivision any form of disciplinary action (f)e.g., suspensions, demotion or discharge) to any Civil Service Commission.

Disciplinary Procedure. (a) a. Where the appointing authority or the authority’s 's designee seeks to impose discipline, notice of such discipline shall be made in writing and served upon the employee. Discipline shall be imposed only for just cause. Disciplinary penalties may include a written reprimand, a fine not to exceed two weeks’ weeks pay, suspension without pay, demotion, restitution, dismissal from service, loss of leave credits or other privileges, or such other penalties as may be appropriate. The specific acts for which discipline is being imposed and the penalty or penalties proposed shall be specified in the notice. The notice shall contain a description of the alleged acts and conduct, including reference to dates, times and places. Two copies of the notice shall be served on the employee. Service of the notice of discipline shall be made by personal service or by certified mail, return receipt requested. (b) b. In those cases where such acts are alleged to constitute a crime, a notice of discipline must be served no later than the period set forth for the commencement of a criminal proceeding against a public employee in the Criminal Procedure Law of the State of New York. c. The designee of the President of PEF or the President’s designee DC-37 shall be advised by certified mail, return receipt requested, of the name and work location of an employee against whom a notice of discipline has been served. (c) d. The notice of discipline served on the employee shall be accompanied by a copy of this Article and a written statement1 statement that: (1) . In the case of an employee who speaks only Spanish, the written statements required shall also be given in a Spanish translation. 1. the employee has a right to object by filing a disciplinary grievance within 14 calendar days; (2) . he/she has the right to have the disciplinary action reviewed by an independent arbitrator; (3) . the employee is entitled to be accompanied for the purposes of representation by PEF DC-37 or an attorney at every step of the disciplinary proceeding;; and (4) . if a disciplinary grievance is filed, no penalty can be implemented unless the employee fails to follow the procedural requirements, or until the matter is settled, or until the arbitration procedure specified in subdivision (fg) below, is completed. (d) e. The penalty proposed by the appointing authority may not be implemented until until (1) the employee fails to file a disciplinary grievance within 14 calendar days of the service of the notice of discipline, or (2) having filed a grievance, the employee fails to file a timely appeal as provided in subdivision (fg) below or (3) the penalty is upheld or a different penalty is determined by the arbitrator to be appropriate, or (4) the matter is settled. (e) f. If not settled or otherwise resolved, the notice of discipline may be the subject of a grievance before the department or agency head, or a designee, and shall be filed either in person or by certified mail, return receipt requested, by the employee or by the representative with the employee’s 's written consent, within 14 calendar days of service of the notice of discipline. If the disciplinary grievance is signed by the employee’s representative, and the appointing authority or the designee of the appointing authority requests written confirmation of the employee’s consent to the filing of the grievance, such written consent must be provided to the appointing authority or the designee of the appointing authority no later than three (3) days prior to the meeting. The employee shall be entitled to a meeting with the department or agency head, or a designee. The meeting shall include an informal presentation by the department or agency head, or a designee, and by the employee, or a union representative, of relevant information concerning the acts or omissions specified in the notice of discipline, a general review of the evidence and defenses that will be presented if the matter proceeds to the next level, and a discussion of the appropriateness of the proposed penalty. The meeting need not involve the identification or presentation of prospective witnesses, the identification or specific description of documents, or other formal disclosure of evidence by either party. The meeting provided for herein may be waived, in writing, on the grievance form, only in accordance with Section 33.4(c)(2). A written response shall be rendered in person, or by certified mail, return receipt requested, no later than seven (7) calendar days after such meeting. If possible, the department or agency head, or a designee, should render the written response at the close of such meeting. When the department or agency head, or a designee, fails to issue a written response within seven (7) calendar days from such meeting, the grievant or the grievant’s representative has the right to proceed directly to the next appropriate level by filing an appeal in accordance with subdivision (f).seven