Discipline and Adverse Actions. 1. Discipline is defined for the purposes of this article as any disciplinary or adverse action taken under 5 CFR 752 against an employee that results in a letter of reprimand, suspension without pay, reduction-in-pay or -grade, or removal from the Forest Service, except for performance actions taken under Article 21 of this Master Agreement.
Discipline and Adverse Actions. Section 1. Disciplinary actions and adverse actions will be taken in accordance with applicable laws, rules, and regulations in effect at the time of the action. The specific penalty for an instance of misconduct shall be tailored to the facts and circumstances of the situation. In order to determine the appropriate penalty for an Employee such as a disciplinary or adverse action, the Employer will, subject to applicable law, rule, and regulation, consider the relevant factors articulated by the Merit Systems Protection Board in Xxxxxxx x. Veterans Administration, 5 M.S.P.R. 280 (1981) to applicable adverse actions). Management maintains discretion to discipline Employees without using progressive discipline. Discipline is any action taken against an Employee that results in a letter of reprimand, suspension without pay, reduction in pay or grade, or removal from the Forest Service.
Section 2. Admonishments and counselings are not formal disciplinary actions to which the procedures in this Article apply. Admonishments and counselings, which may be oral or written, may be used when an Employee’s conduct or performance is less than acceptable and it is likely that an informal action will result in improvement. Admonishments and counselings are neither grievable nor appealable.
Section 3. For purposes of this Agreement, discipline will be divided into three types: (a) Letter of Reprimand; (b) suspension for fourteen (14) days or less; (c) suspension of more than fourteen (14) days, removal, furlough without pay, or reduction in pay or grade.
Discipline and Adverse Actions. 1. Management and the Union agree it is important that the supervisor/employee relationship encourage early recognition and resolution of a potential performance or conduct situation that could lead to disciplinary action.
2. An employee must notify management, in writing, of union representation for a disciplinary or adverse action matter. Once Management has been notified that the Union is representing a bargaining unit employee in reference to a specific matter, Management will notify the representative of any additional meeting with the employee relevant to that matter. The notification should allow reasonable time for the Representative to attend the meeting, but no more than twenty-hour (24) hour notice is required. A copy of any correspondence to the employee related to the matter will be sent to the Union Representative at the same time as it is sent to the employee.
3. Admonishment and counseling are not formal disciplinary actions to which the procedures in this Article apply. Non-Disciplinary supervisor direction may include written or verbal admonishment, caution, warning, expectation or counseling. If an admonishment or counseling letter is issued, it will state the specific reasons that gave rise to the letter
Discipline and Adverse Actions a. The provisions in this section for discipline and adverse actions applies to an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed one (1) year of current continuous employment in the same or similar position under other than a temporary appointment limited to one (1) year or less.
b. Disciplinary actions against employees must be based on just cause, consistent with applicable laws and regulations.
Discipline and Adverse Actions. Section 1. Discipline is defined for the purposes of this Article as any action taken against an employee that results in a letter of reprimand, suspension without pay, reduction in pay or grade, or removal from the Federal Service. Disciplinary actions against employees must be based on just cause, be consistent with applicable laws and regulations, and be fair and equitable.
Section 2. Disciplinary or adverse actions shall be initiated in accordance with applicable laws and respective service regulations. Any written notice of a proposed adverse action shall inform the employee of the following matters required by law and regulations:
a. The specific reasons for the proposed action,
b. His/her status during the notice period,
c. The right to reply orally and in writing to a deciding official and to furnish affidavits and other documentary evidence in support of the answer,
d. The right to representation by the Union, and
e. A written decision on the proposed action will be issued by the deciding official.
Section 3. Before issuing a letter of reprimand or a notice of proposed disciplinary action, the Employer or his/her designee, will undertake preliminary inquiry to obtain pertinent facts relating to the pending disciplinary situation. The inquiry will include a discussion with the affected employee, except for unusual circumstances that render such discussion impracticable. The employee is entitled to Union representation at all discussions and upon request must be given an opportunity to secure a representative. If involved in a discussion with the Employer or an agent of the Employer, the employee may terminate the discussion and be allowed adequate time to secure a representative. Once the Employer has been notified that the Union is representing the employee in reference to a specific matter, the Employer will notify the Union representative of any meetings with the employee relevant to that matter. A sealed copy of any correspondence to the employee will be sent to the Union representative through the Military Postal Service. Employees will have a reasonable amount of time, normally not to exceed 15 workdays, in which to respond either orally or in writing to the proposed disciplinary action. It is agreed that the time limits described above may be extended by mutual agreement.
Section 4. An employee may be represented by an attorney or other representative other than the National Federation of Federal Employees, of the employee’s own choosing, in...
Discipline and Adverse Actions. U.S.C. 7106 gives the authority for the Employer to take discipline against employees where warranted. The procedures described in TPR 752 and this article will be followed. This authority is vested in all operating officials and supervisors of the Arkansas National Guard. Disciplinary action will be taken for the sole purpose of correcting the conduct of offending employees and/or problem situations in order to maintain a high state of discipline and morale among all employees. Disciplinary actions against all employees must be based on just cause, be consistent with applicable laws and regulations, and be fair and equitable.
Discipline and Adverse Actions. 61 ARTICLE 20. SURVEILLANCE 66
Discipline and Adverse Actions. No teacher shall be dismissed or non-reemployed without "Due Process" as stated in Sections 75-85 of the "Teacher Due Process Act”. (Statute 70-6-101.20)
Discipline and Adverse Actions. Section 1. The Parties agree that each employee is expected to perform the duties and discharge the responsibilities of his/her position in a satisfactory manner and to meet acceptable standards of conduct and performance. As an aid to achieving this objective, free and direct communication between the employee and supervisor shall be maintained at all times.
Section 2. The Employer agrees that disciplinary actions shall be taken with full consideration given to the principle of due process and the rights of employees, as well as to the reasonableness and effect of the action selected. Such actions shall be used primarily to motivate and rehabilitate employees, rather than as punitive measures, and shall be taken in strict conformance with applicable official guidelines and regulations.
Section 3. The Employer agrees that when an incident occurs or a situation develops which appears to require the taking of some disciplinary action, supervisors shall whenever possible, discuss the matter with the employee involved and if requested by the employee with the union representative, have the opportunity to explain his/her actions. Disciplinary actions may be appealable under a grievance procedure.
Section 4. When an employee desires to appeal an adverse action either through the Administrative appeals Procedures of the Forest Service or Agency and the Department of Agriculture, or directly to the Merit Systems Protection Board, they have the right to answer in person as well as in writing, or by using both procedures, and to be represented by a representative of their own choosing. In such cases, as soon as possible after the designation of a representative is reported to the Employer, he/she shall cause a copy of the notice of proposed adverse action, notice of decision, and all other documents and/or correspondence pertaining to the action or relied upon in taking the action, to be delivered to the employee’s representative.
Section 5. At hearings on an appeal of adverse action when the employee involved has not elected to have the Union represent him/her, the Union will be permitted to have an observer present at the hearing. However, the hearing examiner may exclude the observer from the hearing if the employee objects to his/her attendance on the grounds of privacy and the examiner determines that the objection is valid.
Discipline and Adverse Actions. Section 30.1 - General All discipline and adverse actions shall be taken in accordance with current law, rule, and regulation.
Section 30.2 - Definition and Coverage
a. This article sets forth the criteria and comprehensive procedures by which the employer imposes discipline upon bargaining unit employees. For the purposes of this agreement, disciplinary action is defined as those actions within 5 USC §7512 and lesser penalties, such as an oral admonishment and a written reprimand.
b. Discipline is the responsibility and the right of the employer. The employer agrees that disciplinary actions shall be based on just and sufficient cause and in accordance with applicable laws. The employer further agrees to effect disciplinary actions in an efficient and timely manner. In this respect, when an employee is subject to discipline, the employer will strive to effect disciplinary action in a reasonably timely manner.
c. Employees may request a reasonable amount of time (generally 4 hours) to prepare a reply or rebuttal for disciplinary or adverse actions.
d. The parties agree that progressive discipline is not mandatory and that management may take disciplinary or adverse actions dependent upon the egregiousness of the misconduct or behavior.
