Common use of DISCIPLINE AND DISCHARGE PROCEDURE Clause in Contracts

DISCIPLINE AND DISCHARGE PROCEDURE. 29.1 A member covered by this Agreement who has successfully completed his/her probationary period shall be subject to the following procedure for disciplinary and discharge matters in lieu and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. 29.2 Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may include, but is not limited to, written reprimands, suspension, demotion, discharge, fines or any combination thereof or other such penalties as may be imposed by the District. A notice of such discipline shall be made in writing and served upon the member with a copy to the Association President and District Director of Personnel. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. 29.3 If the member disagrees with the disciplinary action, the member and/or the Association may submit a grievance at the Step Three level of the grievance procedure as specified in Article 28 of this Agreement. Failure to submit a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the member and the Association and the matter will be settled in its entirety. Subject to a mutual written agreement between the Association and the Director of Personnel, the time limit hereinabove specified may be extended. 29.4 It is expressly understood that the District shall be permitted to impose the disciplinary penalty prior to expiration of the ten (10) working day period for submittal of a grievance challenging the disciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. 29.5 A member shall have the right to be represented in disciplinary matters by an Association representative if the member elects to do so. Such right of representation shall extend to any questioning of the member which may lead to disciplinary action. Nothing contained herein shall be construed as limiting the right of an member to informally resolve the disciplinary matter by settlement with the District and the member may waive his/her right to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing and shall be final and binding upon all parties. 29.6 No disciplinary action shall be commenced by the District more than eighteen (18) months after the occurrence of the alleged act(s) for which discipline is being considered provided,

DISCIPLINE AND DISCHARGE PROCEDURE. 29.1 28.1 A member covered by this Agreement who has successfully completed his/her probationary period shall be subject to the following procedure for disciplinary and discharge matters in lieu and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. 29.2 28.2 Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may include, but is not limited to, written reprimands, suspension, demotion, discharge, fines or any combination thereof or other such penalties as may be imposed by the District. A notice of such discipline shall be made in writing and served upon the member with a copy to the Association President and District Director of PersonnelChief Human Resources Officer. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. 29.3 28.3 If the member disagrees with the disciplinary action, the member and/or the Association may submit a grievance at the Step Three level of the grievance procedure as specified in Article 28 of this Agreement. Failure to submit a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the member and the Association and the matter will be settled in its entirety. Subject to a mutual written agreement between the Association and the Director of PersonnelChief Human Resources Officer, the time limit hereinabove specified may be extended. 29.4 28.4 It is expressly understood that the District shall be permitted to impose the disciplinary penalty prior to expiration of the ten (10) working day period for submittal of a grievance challenging the disciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. 29.5 28.5 A member shall have the right to be represented in disciplinary matters by an Association representative if the member elects to do so. Such right of representation shall extend to any questioning of the member which may lead to disciplinary action. Nothing contained herein shall be construed as limiting the right of an member to informally resolve the disciplinary matter by settlement with the District and the member may waive his/her right to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing and shall be final and binding upon all parties.any 29.6 28.6 No disciplinary action shall be commenced by the District more than eighteen (18) months after the occurrence of the alleged act(s) for which discipline is being considered provided,, however, that such time limitation shall not apply where the act(s) would, if proved in a court of competent jurisdiction, constitute a crime.

DISCIPLINE AND DISCHARGE PROCEDURE. 29.1 A member covered A. The District and the CSEA agree that progressive discipline can be beneficial to the interest of the District, the CSEA, and the employee, depending, for instance, on the nature of the employee’s alleged misconduct and work record. Notwithstanding, the District has the right to discipline or discharge employees for just cause. B. Employees who are charged with or are under investigation for action which may result in disciplinary action shall have the right to be accompanied by this Agreement the CSEA President or his/her designee at any meeting with a supervisor or administrator concerning the charge or investigation. Whenever practical, at least two (2) work days’ notice of the meeting shall be provided to the employee. If the employee declines to be accompanied by the CSEA representative, such declination shall be submitted in writing to the supervisor or administrator at the beginning of the meeting. C. Any employee who has successfully completed his/her probationary period may use the grievance and arbitration procedure for contesting discipline or discharge. Discipline shall mean a fine, unpaid suspension, or a combination. The grievance and arbitration procedure contained in this Agreement procedure shall be the only method for contesting discipline of discharge and the provisions of Civil Service Law pertaining to employee discipline and discharge are expressly waived for all employees. Written warnings and reprimands shall not be subject to the following procedure for disciplinary and discharge matters in lieu and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. 29.2 Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may includegrievance procedure, but is not limited to, written reprimands, suspension, demotion, discharge, fines or any combination thereof or other such penalties as may be imposed by the District. A notice of such discipline shall be made in writing and served upon the member with a copy to the Association President and District Director of Personnel. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. 29.3 If the member disagrees with the disciplinary action, the member and/or the Association an employee may submit a rebuttal to such warnings and reprimands. The rebuttal shall be submitted within five (5) days and will be included in the employee’s personnel folder. D. Employees who are charged under this section may be suspended without pay for no more than 3 days by the Superintendent of Schools or the Assistant Superintendent, Human Resources, subject to the grievance procedure. Exception: If the employee’s continued presence at work represents a potential danger to the Step Three level employee, the District, or other employees, the employee may be suspended without pay pending the resolution of the grievance procedure as specified in Article 28 of this Agreementmatter not to exceed ninety (90) days. Failure to submit Employees whose continued presence represents a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the member and the Association and the matter will be settled in its entirety. Subject to a mutual written agreement between the Association and the Director of Personnel, the time limit hereinabove specified may be extended. 29.4 It is expressly understood that the District shall be permitted to impose the disciplinary penalty prior to expiration of the ten (10) working day period for submittal of a grievance challenging the disciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. 29.5 A member shall have the right to be represented in disciplinary matters by an Association representative if the member elects to do so. Such right of representation shall extend to any questioning of the member which may lead to disciplinary action. Nothing contained herein shall be construed as limiting the right of an member to informally resolve the disciplinary matter by settlement with the District and the member may waive his/her right serious disruption to the procedure as outlined herein. Any settlement agreed upon between the parties shall District’s operations may also be reduced suspended without pay not to writing and shall be final and binding upon all parties. 29.6 No disciplinary action shall be commenced by the District more than eighteen (18) months after the occurrence of the alleged act(s) for which discipline is being considered provided,exceed ninety

DISCIPLINE AND DISCHARGE PROCEDURE. 29.1 A member covered by this Agreement who has successfully completed his/her probationary period shall be subject to the following procedure for disciplinary and discharge matters in lieu and in place of the procedures specified in Sections 75, 76, and 77 of the Civil Service Law. 29.2 Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may include, but is not limited to, written reprimands, suspension, demotion, discharge, fines or any combination thereof or other such penalties as may be imposed by the District. A notice of such discipline shall be made in writing and served upon the member with a copy to the Association President and District Director of Personnel. The specific acts for which discipline is being imposed and the penalty shall be specified in the notice. 29.3 If the member disagrees with the disciplinary action, the member and/or the Association may submit a grievance at the Step Three level of the grievance procedure as specified in Article 28 of this Agreement. Failure to submit a grievance within ten (10) working days of receipt of the notice of discipline will constitute acceptance of the imposed penalty by the member and the Association and the matter will be settled in its entirety. Subject to a mutual written agreement between the Association and the Director of Personnel, the time limit hereinabove specified may be extended. 29.4 It is expressly understood that the District shall be permitted to impose the disciplinary penalty prior to expiration of the ten (10) working day period for submittal of a grievance challenging the disciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. 29.5 A member shall have the right to be represented in disciplinary matters by an Association representative if the member elects to do so. Such right of representation shall extend to any questioning of the member which may lead to disciplinary action. Nothing contained herein shall be construed as limiting the right of an member to informally resolve the disciplinary matter by settlement with the District and the member may waive his/her right to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing and shall be final and binding upon all parties. 29.6 No disciplinary action shall be commenced by the District more than eighteen (18) months after the occurrence of the alleged act(s) for which discipline is being considered provided,, however, that such time limitation shall not apply where the act(s) would, if proved in a court of competent jurisdiction, constitute a crime.

DISCIPLINE AND DISCHARGE PROCEDURE. 29.1 A member covered by this Agreement who has successfully completed his/her probationary period 8.1 The following procedures shall be subject to the following exclusive procedure utilized for disciplinary and discharge matters for all permanent employees covered by this Agreement and who have satisfactorily completed the initial probationary period with the Library as provided by local Civil Service Rules and Regulations. It is also the intent of this Article to provide for a swift and judicious alternative for handling discipline and discharge matters in lieu of Section 75 and in place 76 of the procedures specified in Sections 75, 76, and 77 of the New York State Civil Service Law. 29.2 A. In the event the Library issues a non-disciplinary counseling memo, it shall be reduced to writing and acknowledged by the employee. B. Disciplinary action shall be limited to instances of member misconduct and/or incompetence and may include, but is not limited to, written reprimands, suspension, demotion, discharge, fines fines, or any combination thereof or other such penalties as may be imposed deemed appropriate by the DistrictEmployer. A An employee shall be entitled to representation by the CSEA at each step of the discipline and discharge procedure. An employee shall be entitled upon request to have a CSEA Representative present if, as a result of an investigation, an employee is asked by the Employer to sign a statement for purposes of attesting to or admitting incompetence or misconduct. C. Service of the notice of such discipline shall be made in writing and served upon by personal service to the member employee with the Unit President or his/her designee receiving a copy, if present at the time. If service cannot be effectuated by personal service, it shall be made by registered or certified mail, return receipt requested to the employee with a copy sent to the Association Unit President and District Director or his/her designee. D. The notice of Personnel. The discipline shall contain a detailed description of the specific acts and conduct for which discipline is being imposed sought including references to date, times and the places and shall state any proposed penalty shall be specified in the notice. 29.3 If the member disagrees with the disciplinary action, the member and/or the Association may submit a grievance at the Step Three level of the grievance procedure as specified in Article 28 of this Agreementbeing sought. Failure to submit a grievance within ten (10) working days of receipt of the The notice of discipline will constitute acceptance of the imposed penalty by the member and the Association and the matter will be settled in its entirety. Subject to a mutual written agreement between the Association and the Director of Personnel, the time limit hereinabove specified may be extended. 29.4 It is expressly understood shall also state that the District shall be permitted to impose the disciplinary penalty prior to expiration of the ten (10) working day period for submittal of a grievance challenging the disciplinary action. However, nothing herein contained shall preclude the pursuit of a grievance challenging such disciplinary action. 29.5 A member shall have employee has the right to appeal the disciplinary action by filing a written grievance through the Union within five (5) workdays after receipt of notice of discipline if he/she disagrees with it. E. Employees will be presumed innocent until proven guilty and the burden of proof shall be the Employer's. Employees shall be given the opportunity to resolve the proposed discipline by settlement and to be represented in disciplinary matters by an a Civil Service Employees Association representative if the member elects to do so. Such right of representation shall extend to any questioning of the member which may lead to disciplinary action. Nothing contained herein shall be construed as limiting the right of an member to informally resolve the disciplinary matter by settlement with the District representative, and the member may waive his/her right their rights to the procedure as outlined herein. Any settlement agreed upon between the parties shall be reduced to writing, which shall be the form set forth in Appendix A and shall be final and binding upon all parties subject to the approval of the Director with a copy of same to the President of the Civil Service Employees Association, Liverpool Public Library Unit (with the exception of oral reprimands). F. In instances when disciplinary action is to be preferred against a bargaining unit employee, the employee shall not be suspended from employment prior to the completion of the second step of the grievance procedure contained in Article 7 of the current Agreement unless, in the opinion of the supervisor and the Director or their authorized designee, the employee presents a danger to the health and/or safety of one's self or another or disrupts the operation of the department where the employee is situated. G. Disciplinary action against an employee, which shall be issued in accordance with the form attached hereto as Appendix A, may be appealed by filing a written grievance through the Union within five (5) work days after the receipt of such notification by the employee if he/she disagrees with the disciplinary action taken. Said grievance shall be processed by the Union as a Step Two grievance and, if necessary, through the arbitration step (except oral reprimands). H. In instances where an employee is suspended or terminated from employment prior to the completion of the second step of the grievance procedure contained in Article 7, a Step Two Grievance meeting shall be convened by the Employer within five (5) working days after receipt of a Step Two grievance as provided above. The Board shall render a decision in writing to resolve the matter within seven (7) calendar days after conclusion of the Step Two meeting. Failure to file an appeal within the timeframe hereinabove specified will constitute acceptance of the penalty, as proposed by the Employer, by the employee and settle the matter in its entirety. I. In instances where an employee has been suspended in excess of twenty (20) working days or discharged as a result of a Step Two decision, the Union may, on behalf of the suspended/discharged employee, proceed to arbitration as set forth in Step 3 of the grievance procedure. J. The disciplinary arbitrator shall not have jurisdiction or authority to add to, modify, detract from or alter in any way the provisions of this Agreement, or any amendments or supplement thereto or to add new provisions to this Agreement or any amendment or supplement thereto. K. The arbitrator shall have the power to rule on all evidentiary issues. L. Rather, the disciplinary arbitrator shall be limited to determining guilt or innocence and the appropriateness of the proposed penalty. M. If, in any case where an employee has been suspended or discharged pending the outcome of an arbitration proceeding, an arbitrator finds that such suspension or discharge was unwarranted or that the penalty was too severe then, as may be determined by the arbitrator, the employee shall be reinstated and compensated for all time lost, and all other rights and conditions of employment less the amount of compensation which he/she may have received on other employment or in the form of any type of State or Federal benefits since his/her suspension or discharge from Public Service. N. The decision of the Arbitrator shall be final and binding upon all parties. 29.6 No disciplinary action 8.2 The Employer shall be commenced not lock out the employees covered by this Agreement during the District more than eighteen (18) months after the occurrence term of the alleged act(s) for which discipline is being considered provided,this Agreement.