Common use of DISCIPLINE AND DISCHARGE Clause in Contracts

DISCIPLINE AND DISCHARGE. No counselor shall be disciplined or discharged without just cause, and the sole right and remedy of such counselor shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedure.

DISCIPLINE AND DISCHARGE. No counselor Section 1 The parties recognize the authority of the employer to impose discipline, up to and including dismissal, for just cause. Discipline may take the form of written reprimands, reduction in duties, reassignment, suspension without pay, and dismissal. Disciplinary action shall be disciplined or discharged without just cause, conducted in private and the sole right and remedy of such counselor shall be to file a grievance imposed in accordance with the grievance procedure in this Agreement. Before terminating principles of progressive discipline. Section 2 Prior to imposing a counselordisciplinary action, the supervisor shall University will advise the counselor employee of the reason(s) he/she is considering termination charges and complaints that potentially give the counselor rise to such action. The employee will be provided an opportunity to attend refute the charges or to present extenuating circumstances. An employee is entitled to representation by a pre-termination conference to respond to such reason(s)Union representative at investigatory meetings which may result in discipline, if they so chooses. The counselor Union will make a representative available to attend an investigatory meeting within two (2) work days. Section 3 All forms of discipline will be issued to the employee in writing. Such written notice will state the level of discipline being imposed and the charges and complaints which give rise to the disciplinary action. All such written notices will include the following disclaimer: “Employee’s signature indicates only that the supervisor has discussed this material with the employee and they have received a copy. The employee’s signature does not indicate agreement or disagreement with its content.” Employees will be required to sign disciplinary notices containing this disclaimer. Section 4 Within thirty (30) days of receiving a notice of discipline, the employee may provide a written rebuttal to be placed in their file with the notice of discipline. Section 5 Upon written request from the employee, warnings and disciplinary notices shall be removed from their file after two (2) years. Disciplinary notices may be accompanied by a union representative at such conference; removed sooner if, in the representative may act as a consultant at that conferencejudgment of the head of the administrative unit in which the employee works, not as an advocate. Written reprimandsor the Assistant Vice President of Human Resources, letters of suspensionor their designee, and letters of termination given if the Graduate Employee is appointed to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficienciesdifferent department, the supervisor will give a copy to employee’s performance and conduct warrants such removal. In the counselor. If event that the supervisor does not give a copy head of the memo to administrative unit is the counseloremployee’s supervisor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to employee may forward the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor Assistant Vice President of Human Resources, or their designee. Section 6 An employee who took alleges that disciplinary action was without just cause may file a grievance under the provisions of Article 18. It is understood that an employee’s right under this Agreement to grieve disciplinary action within one (1) working day of receipt applies only to the employee’s performance and conduct as an employee. Employees may not grieve, under this Agreement, decisions to impose sanctions for academic reasons or violations of the disciplinary notice, Student Conduct Code. Section 7 Employees who voluntarily or involuntarily lose status as a Graduate Employee (i.e. student status) shall have no right to continued employment and must advise the supervisor the name of the Union official. The supervisor shall send the copy be considered to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed have resigned from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance proceduretheir service appointment.

DISCIPLINE AND DISCHARGE. No counselor 11.1 The Employer shall not discipline, suspend or discharge an employee without just and proper cause. Disciplinary action shall be disciplined or discharged without just causereasonable and shall be demonstrably proportionate to the seriousness of the specific violation. Where the Employer cancels a course at any time prior to the third scheduled class because of insufficient enrolment, the position is thereby terminated, and such termination does not contravene this Article. In any grievance over disciplinary action, the sole right and remedy burden of such counselor proof of just cause lies with the Employer. 11.2 The Xxxx shall be to file a grievance responsible for administering discipline in accordance with the grievance procedure in provisions of this AgreementArticle. 11.3 An employee shall have the right to have a Union representative present, at any meeting between the representative of the Employer and the employee called expressly to discuss or impose discipline or discharge. Before terminating a counselorThe Employer will inform the employee of this right prior to any disciplinary meeting. If an employee chooses not to exercise this right, the supervisor employee’s decision shall advise be communicated to the counselor Union by the Employer and shall copy the member on the communication. 11.4 Where a meeting concerning discipline is to be called, the Employer shall normally notify the employee, in writing, at least two (2) working days prior to the meeting about the purpose of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficienciesmeeting, the supervisor will give allegations to be discussed, the time and location of the meeting, that a representative of the union, if readily available, may attend the meeting, should the employee so choose. 11.5 When an employee is suspended or discharged, the suspension or discharge shall be confirmed in writing to the employee with a copy to the counselor. If Union stating the supervisor does not give a copy of reasons for the memo to the counselordiscipline, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one three (13) working day of receipt of days following the disciplinary notice, and must advise date on which the supervisor the name of the Union official. The supervisor shall send the copy decision to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relationsimplement a suspension or discharge was made. A copy of subsequent updates any written reprimand shall set out the reasons for the reprimand and shall also be provided to the guidelines will be sent by Union within three (3) working days following the Office date on which the decision to issue the reprimand was made. 11.6 An employee who has been suspended or discharged may, with the support of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5Union, Grievance Procedure. A letter of termination will contain present a notice to the counselor that he/she may appeal the termination under the accelerated provision grievance directly at Step 2 of the grievance procedureprocedure within ten (10) working days of receipt of written notice of suspension or discharge. 11.7 Any informal discussion (such as coaching, advice, or recommendations for performance improvement) shall not be considered discipline.

DISCIPLINE AND DISCHARGE. No counselor shall be disciplined or discharged without Section 1 The parties recognize the authority of the employer to impose discipline, up to and including dismissal, for just cause. Discipline may take the form of written reprimands, reduction in duties, reassignment, suspension without pay, and the sole right dismissal. Disciplinary action must be conducted in private and remedy of such counselor shall be to file a grievance imposed in accordance with the grievance procedure in this Agreement. Before terminating principles of progressive discipline. Section 2 Prior to imposing a counselordisciplinary action, the supervisor shall University will advise the counselor Graduate Employee of the reason(s) he/she is considering termination charges and complaints that potentially give the counselor rise to such action. The Graduate Employee will be provided an opportunity to attend refute the charges or to present extenuating circumstances. A Graduate Employee is entitled to representation by a pre-termination conference to respond to such reason(s)Union representative at investigatory meetings which may result in discipline, if they so choose. The counselor Union will make a representative available to attend an investigatory meeting within two (2) business days. Section 3 All forms of discipline will be issued to the Graduate Employee in writing. Such written notice will state the level of discipline being imposed and the charges and complaints which give rise to the disciplinary action. All such written notices will include the following disclaimer: “Employee’s signature indicates only that the supervisor has discussed this material with the employee, and they have received a copy. The employee’s signature does not indicate agreement or disagreement with its content.” Graduate Employees will be required to sign disciplinary notices containing this disclaimer. Section 4 Within thirty (30) days of receiving a notice of discipline, the Graduate Employee may provide a written rebuttal to be placed in their file with the notice of discipline. Section 5 Upon written request from the Graduate Employee, warnings and disciplinary notices must be removed from their file after two (2) years. Disciplinary notices may be accompanied by a union representative at such conference; removed sooner if, in the representative may act as a consultant at that conferencejudgment of the head of the employing unit in which the Graduate Employee works, not as an advocate. Written reprimandsthe head of Employee and Labor Relations, letters of suspensionor their designee, and letters of termination given if the Graduate Employee is appointed to a counselor will contain different department, or the reasons for Graduate Employee’s performance and conduct warrants such actionremoval. If a supervisor places in a counselor's file a memo which describes In the counselor's deficienciesevent that the head of the employing unit is the employee’s supervisor, the supervisor will give a copy to Graduate Employee may forward the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor head of Employee and Labor Relations, or their designee. Section 6 A Graduate Employee who took alleges that disciplinary action was without just cause may file a grievance under the provisions of Article 18. It is understood that a Graduate Employee’s right under this Agreement to grieve disciplinary action within one (1) working day of receipt applies only to the Graduate Employee’s performance and conduct as an employee. Graduate Employees dismissed from their work assignment must be provided written notification describing the reason for the termination. Graduate Employees may not grieve under this Agreement decisions to impose sanctions for academic reasons or violations of the Student Conduct Code. Section 7 Graduate Employees who lose student status shall have no right to continued employment and shall be considered to have resigned from their appointment. Graduate Employees who lost status for non- disciplinary notice, and must advise the supervisor the name reasons (e.g. visa issues) will be reinstated to an existing appointment contingent upon reestablishment of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspensionstudent status; however, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will University does not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought guarantee reinstatement under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureany conditions.

DISCIPLINE AND DISCHARGE. No counselor A. All bargaining unit employees shall be disciplined subject to a ninety (90) day probationary period, during which the Company has the sole discretion to terminate employment. No severance pay shall be due for a termination under section (A). B. The Company shall have the right to discipline, demote, suspend, or discharged without discharge a bargaining unit employee for just causecause (subject to sections (A), (C) and (D) of this Article 15), which shall include but is specifically not limited to: i. Misconduct; ii. Poor work performance that is not subject to section (D) below; iii. Insubordination; and/or iv. Failure to comply with Company policies or procedures. The Company shall follow the principles of progressive discipline for terminations under this section (B). However, the Company reserves the right to combine or skip steps depending on the circumstances of each situation and the nature of the offense. The Union reserves the right to challenge the Company’s combining or skipping steps as violative of progressive discipline. In addition to any other evidence or justification, the Company may demonstrate that it has just cause through the use of progressive discipline. In such circumstance, however, the Union reserves the right to assert that other elements of just cause have not been met, including, but not limited to, evidence of disparate treatment or the failure to properly investigate the allegations that gave rise to the discipline at issue. Employees discharged for just cause shall not be entitled to severance pay. C. The Company shall have the right to immediately discharge a bargaining unit employee for gross misconduct, without applying the principles of progressive discipline, which shall include but is specifically not limited to: 1) theft; 2) fraud; 3) gross insubordination; 4) embezzlement; 5) misappropriation, or reckless or willful destruction of Company property; 6) physical violence or threats of physical violence; 7) plagiarism or fabrication; 8) sexual or other harassment in the workplace; 9) flagrant professional misconduct. If the Union chooses to arbitrate a termination for gross misconduct, the only question for the arbitrator will be whether the employee engaged in gross misconduct. A bargaining unit employee discharged for an offense referenced in this section (C) shall not be entitled to severance pay. D. The Company shall have the right to discharge or otherwise discipline a bargaining unit employee, if, in the Company’s sole right judgment the bargaining unit employee’s work product does not meet the Company’s subjective standards for editorial or creative content, editorial or creative quality, editorial or creative judgment, or professional journalistic ethics, provided the bargaining unit employee has received prior written notice of the issue and remedy has been given at least four (4) weeks to improve. Alternatively, the employee can choose to take four (4) weeks’ pay in lieu of such counselor this opportunity to improve. Such decisions shall not be reviewable through the grievance and arbitration procedure, other than to establish that the decision was made for one of these editorial or creative reasons. If that is the case, the arbitrator may under no circumstances substitute their judgment for the editorial or creative judgment of the Company and must uphold the discharge or other disciplinary action. In the event the Company intends to utilize this provision, it shall notify the Union and the bargaining unit employee that the discharge is under this section (D) and not under any other provision of this Agreement. If a discharge is so designated, the bargaining unit employee shall be entitled to file a grievance severance pay in accordance with the grievance procedure in terms of Article 20. E. Subject to the provisions of this Agreement. Before terminating a counselorArticle 15, nothing herein shall limit the supervisor shall advise the counselor right of the reason(s) he/she is considering termination and give the counselor Company to terminate an opportunity employee for non-discriminatory reasons due to attend any decisions reserved to management by Article 13 of this Agreement (Management Rights), including a pre-termination conference to respond to such reason(sreduction in force, layoff, position elimination (including through a change in editorial direction). The counselor may , which shall be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy subject to the counselor. If severance pay requirements in accordance with the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure terms of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedure20 (Severance Pay).

DISCIPLINE AND DISCHARGE. No counselor 1. Except for probationary employees, no employee shall be disciplined or discharged without except for just cause. Accordingly, the Colleges shall: a. Initiate discipline procedures within a reasonable time of being put on notice of the offense; b. Apply discipline with a view toward uniformity and consistency; c. Adhere to the principle of progressive discipline. However, the parties agree that every discipline matter must be judged on all surrounding circumstances and that the penalty imposed may vary depending on such circumstances. Some acts of misconduct may warrant a more serious penalty and lesser sanctions may not be appropriate. The order of progressive discipline shall be: oral reprimand, written reprimand, suspension with or without pay, and dismissal. 2. At any time during the sole right probationary period, the Colleges may terminate employment. Such termination is final and remedy of such counselor shall be not subject to file a grievance in accordance with the grievance procedure in and arbitration provisions of this Agreement. 3. Before terminating a counselorPrior to the end of the probationary period, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy recommend to the counselorPresident whether or not the employee shall be retained beyond the probationary period. 4. If the supervisor does not give a copy of the memo to the counselor, the memo will A staff member shall not be considered disciplined for acts, except those which constitute a reprimand. Rutgers shall provide a copy crime, which the College became aware of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within more than one (1) working day of receipt year prior to the service of the disciplinary notice of discipline, except for sexual harassment. 5. Whenever an employee is required to give oral statements to their supervisor or manager, or a college investigator, which the employer believes may lead to discipline against the employee, or whenever the employee is called to a meeting where discipline is to be imposed on the employee, they shall be notified of their right to request the presence of a union representative, and, upon such request, the union representative shall have the right to accompany the employee to any such meeting. At an investigatory interview, a college is free to insist on only being interested in hearing the employee’s own account of the matter under investigation and remains in command of the time, place, and manner of the interview, with no duty to bargain with any union representative who attends the interview. In the event an employee is required to provide written statements which may lead to discipline against the employee, the employee shall be notified of their right to consult with a union representative before providing the written statement. 6. Absent extenuating circumstances which prevent the Colleges from providing timely notice, and must the union shall be provided 24 hours advance notice of any such interview, including reasonable notice of the nature of the allegations of misconduct. The union representative may advise the supervisor the name of the Union official. The supervisor shall send the copy employee and raise objections to the designated Union official within one (1) working day of extent necessary to protect the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureemployee’s rights.

DISCIPLINE AND DISCHARGE. No counselor 11.1 The Employer shall be disciplined have the right to discharge or discharged without otherwise discipline Employees for just cause, and the sole right and remedy of such counselor shall be to file a grievance cause in accordance with the grievance procedure Rules of Conduct set forth in Exhibit B and Employer policies and practices as promulgated from time to time. For purposes of this Agreement. Before terminating a counselorArticle, the supervisor shall advise Parties agree that if the counselor Employer establishes by a preponderance of the reason(s) he/she is considering termination and give evidence that an Employee has committed any of the counselor an opportunity offenses set forth in the Rules of Conduct, the Employer has “just cause” to attend a pre-termination conference to respond to such reason(s)discipline that Employee. The counselor may be accompanied by a union representative at such conference; Parties further agree that the representative may act appropriate disciplinary penalties for Rule of Conduct violations are set forth in Exhibit B. 11.2 The offenses listed as a consultant at that conference, not “Category II Offenses” in Exhibit B warrant progressive discipline as an advocate. Written reprimands, letters of suspension, and letters of termination given follows: a. written warning for the first Category II Offense; b. up to a counselor five (5) day unpaid suspension for the second Category II Offense; and c. termination for the third Category II Offense. 11.3 The Employer will contain issue disciplinary action in writing. 11.4 The Employer will provide the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficienciesUnion, the supervisor will give a copy to the counselor. If the supervisor does not give upon request, with a copy of any written warning. 11.5 The Employer will provide the memo Union with a copy of any suspension or termination. 11.6 An Employee is entitled, upon request, to Union representation at each step in the counselordisciplinary process. A request for Union representation shall not unduly delay the administration of discipline by the Employer. 11.7 When an Employee reasonably believes an interview with management may result in a determination of discipline, the memo Employee may ask for a Union representative. Under such circumstance, the Employer will grant the Employee’s request. However, participation by the Union representative will not be considered a reprimandpermitted to interfere with the Employer’s investigation. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name No other representative of the Union official. The supervisor shall send may be involved in the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and investigatory interview. 11.8 A written warning will not be used as the basis for further disciplinary action. Progressive discipline shall follow suspension twelve (12) months after its issuance, unless the guidelines established by Employee commits the University and published periodically by same Rule of Conduct violation for which the Office of Labor Relationswritten warning was issued. A copy suspension will not be used as the basis for discharge thirty-six (36) months after its issuance, unless the Employee commits the same Rule of subsequent updates to Conduct violation for which the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance proceduresuspension was issued.

DISCIPLINE AND DISCHARGE. 1. No counselor employee covered by this Agreement shall be discharged or disciplined or discharged without just cause. The practice of progressive discipline will be followed to the degree possible. The parties agree that this does not mean that every disciplinary progression must begin with a verbal warning or counseling. The parties agree that the level of discipline, including the first step in a progression, depends upon the nature and seriousness of the situation. Disciplinary action, even the first step, may begin at suspension or discharge based upon the nature and severity of the offense, the past disciplinary record of the employee, and the sole right and remedy of such counselor any other relevant factors. 2. The disciplinary notice shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination writing and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy provided to the counselor. If the supervisor does not give a copy of the memo to the counseloremployee, the memo will not be considered a reprimand. Rutgers who shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge in writing that he/she has read received such notice. Notice of disciplinary action shall recite with particularity the action being taken and the reason[s] for it. Copies of the disciplinary noticenotice shall be sent to the Union and to the Human Resources Department for inclusion with the employee’s personnel file. Discipline which is rescinded through Except as limited by the grievance procedure will be deemed removed from provisions of paragraphs 3 and 4 of this Article, nothing in this Article shall limit the counselor's file City’s right to review an employee’s work record and will not be disciplinary record when determining the basis for further appropriate disciplinary action. Progressive Unless on probationary status for newly hired or re-hired employees or Communication Trainees and Operators, the disciplined employee has the right to grieve the disciplinary action, including discharge, pursuant to Article 6 of this Agreement. 3. The parties agree that the City will not consider an employee’s record of verbal warning or counseling when considering disciplinary action if such verbal warning or counseling occurred more than 24 months preceding the current disciplinary action. 4. The parties agree that the City will not consider an employee’s record of written warning or written counseling when considering disciplinary action if such written warning or counseling occurred more than 36 months preceding the current disciplinary action. 5. An employee may elect to forfeit annual leave in lieu of serving an unpaid suspension, provided that the employee agrees not to grieve the discipline shall follow and forfeits the guidelines established by the University and published periodically by the Office same number of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that hours for which he/she is suspended. For example, an employee who is suspended for sixteen (16) hours without pay may appeal elect to forfeit sixteen (16) hours of annual leave in lieu of serving the termination under suspension, provided he/she agrees not to grieve the accelerated discipline. 6. The parties agree to meet to discuss the provisions of this Article. If the parties reach an agreement that amends this Article, the parties will execute a Memorandum of Understanding setting forth the amendments to this Article, which would supersede any conflicting provision of in Article 40 and would be effective upon execution by both parties. The parties agree that the grievance procedureMOU would not need to be ratified to become effective. The existing provisions in Article 40 will govern until there is an executed MOU.

DISCIPLINE AND DISCHARGE. No counselor 12.01 The Employer shall be have the right to discipline and discharge Employees for just and sufficient cause. The Employer shall impose discipline in a fair, consistent, reasonable and timely manner. 12.02 When an Employee is disciplined or discharged without just cause, and the sole right and remedy of such counselor shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselordischarged, the supervisor Employer shall advise notify the counselor Employee in writing of the reason(s) he/she for the discipline or discharge. 12.03 At the time disciplinary action is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficienciestaken, the supervisor will give a copy to Employer shall notify the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy local Union president or his designate of such writings to the counselor action and, at the counselor's request of the local, shall forthwith provide the name(s) of the Employee(s) against whom disciplinary action was taken. 12.04 When an Employee is required to attend a meeting as part of a disciplinary investigation or to render a disciplinary decision concerning that Employee, the Employee is entitled to have, at their request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt representative of the disciplinary notice, and must advise Alliance attend the supervisor the name of the Union officialmeeting. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspensionWhere practicable, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file Employee shall receive a minimum of two (2) days notice of such meeting and will not be the basis written reasons for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. such a meeting. 12.05 A copy of subsequent updates any document which may form the basis of any disciplinary action and which may be placed on the Employee’s file will be given to the guidelines will Employee at the time the disciplinary action is taken. 12.06 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an Employee, the contents of which the Employee was not aware. 12.07 In order of severity, the only types of disciplinary action shall be: a) oral reprimand; b) written reprimand; c) suspension; and, d) dismissal. 12.08 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an Employee, shall be sent by destroyed after eighteen (18) months has elapsed since the Office of Labor Relations disciplinary action was taken provided that no further disciplinary action regarding the matter referred to AAUP promptly upon promulgation of them. Termination grievances may in this document or written statement has been recorded during this period. 12.09 Grievances relating to suspension or discharge shall be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision filed at Step 2 of the grievance procedure. If the grievance is not satisfactorily settled at Step 2, then the grievance may be referred to expedited arbitration in accordance with Article 11. 12.10 Whistle Blowing - no Employee will be disciplined for reporting any abuse of office, financial or otherwise. 12.11 This Article does not apply to probationary Employees, unless the disciplinary action relates to an allegation of theft or abuse.

DISCIPLINE AND DISCHARGE. 24.1 No counselor permanent employee shall be removed, discharged, reduced in rank or pay, suspended, or otherwise disciplined or discharged without except for just cause. The appointed manager will give a written “Notice of Fact Finding” form to the employee within the next twenty-one (21) calendar days worked by the employee after XXX became aware of the occurrence. 24.2 JEA will follow the principles of progressive discipline in that discipline normally proceeds from a reprimand, to a suspension or reduction in pay, to demotion and/or discharge. However, the parties recognize that the seriousness and circumstances surrounding an offense may warrant more or less severe discipline than that which is provided within the Progressive Disciplinary Guidelines, depending upon the facts. 24.3 An employee will be allowed to review his master personnel file, within a reasonable length of time upon request to his Vice President, Director, or Manager. During the term of this Agreement, if any information, which is considered unfavorable and, derogatory to an employee, is entered in his personnel file which deals with conditions originating after employment with JEA, the employee will be required to acknowledge receipt in writing of such information, and will be furnished a copy in order that he may have the sole right and remedy of such counselor shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend submit a pre-termination conference written statement responding to respond to such reason(sthe information (excluding copies of personnel action forms, time reports, and employee evaluation reports). The counselor employee’s acknowledgment of receipt in writing merely indicates that the employee has seen and received a copy of such derogatory or unfavorable information. The acknowledgment of receipt does not indicate that the employee agrees with such information, nor does such action indicate that the employee admits guilt for any alleged infractions stipulated. The employee’s responding statement will also be entered in his personnel file. If an employee feels that any correspondence written about him was unjustified, he has the right to resort to the Grievance Procedure. 24.4 When the situation warrants, JEA will provide oral or written counseling before implementing progressive discipline. The issuance of oral or written counseling shall be for the purpose of counseling the employee. The supervisor who provides oral counseling shall discuss the problem directly with the 24.5 Except as provided in this section, disciplinary entries in an employee’s personnel file shall not be used as a basis for future disciplinary action after twenty-four (24) months from the date of the entry. The union recognizes that the Employer is required to retain copies of all disciplinary entries in order to comply with Chapter 119, Florida Statutes, as it may be accompanied amended from time to time. 24.6 All breaches of discipline shall be fully investigated by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places Employer in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy thoroughly impartial manner before punishment is administered or recommended to the counselorappointing authority. If Disciplinary matters shall be handled as expeditiously as possible. 24.7 The Employer agrees to notify the supervisor does not give Union of proposed disciplinary actions other than reprimands against any employee within the bargaining unit, by mailing a copy of the memo notice of proposed disciplinary action to the counselor, Union at or about the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings same time said notice is transmitted to the counselor and, at affected employee. 24.8 Any employee shall have the counselor's request, right to either grieve a Union official designated by the counselor. The counselor must make written request disciplinary action pursuant to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from of this Agreement, or to appeal the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates decision to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureCivil Service Board.

DISCIPLINE AND DISCHARGE. No counselor The parties recognize the principles of progressive and corrective discipline. Disciplinary action or measures shall be disciplined limited to the following: • Oral reprimand • Written reprimand • Suspension up to thirty (30) days • Discharge Disciplinary action may be imposed upon an employee only for just cause. The Sheriff or discharged without his designee shall have the sole authority to impose discipline. Provided there is just cause, psychological or physical exams in addition to the provision of Section 8, Article XV, may be added as a condition of employment imposed by the Employer in conjunction with the discipline, (the initial exam to be paid for by the Employer). Employees shall execute a release for the examining physician selected by the Sheriff for purposes of determining fitness for duty, for all the results of any examination conducted by the Sheriff’s physician to be confidentially released to the Sheriff to determine fitness for duty. Any disciplinary action or measure imposed upon a non- probationary employee may be processed as a grievance through the regular grievance procedure. An employee, disciplined by the Sheriff, shall have the right to appeal the discipline either through the grievance/arbitration provisions of this Agreement or through an appeal to the Merit Commission and must elect within ten (10) days of notification of the discipline the manner in which the appeal will be pursued. Filing of a timely grievance shall constitute election of the grievance/arbitration procedure. Filing of an appeal to the Merit Commission shall constitute election of that option. The employee shall be allowed only one election and the sole right and remedy of such counselor first election made shall be final and shall constitute a waiver of the other option. Probationary employees are “at-will” employees subject to file a grievance in accordance with discipline or discharge without recourse to the Merit Commission or the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselorprocedure. If the supervisor does Employer has reason to reprimand an employee, it shall be done in a manner that will not give a copy embarrass the employee before other employees or the public. This shall not prohibit the Employer from informing the complainant of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy discipline of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she any employee once it has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedurefinally been determined.

DISCIPLINE AND DISCHARGE. No counselor 11.1 Disciplinary action may be administered by the Hospital only for just cause and may include, but will not be limited to, oral reprimand, written reprimand, extension of probation, demotion, suspension and discharge. To the extent that it is feasible, an oral reprimand will be given by a supervisor in a manner least likely to cause embarrassment of the nurse before other employees, patients or the public. A grievance involving disciplinary action shall be disciplined or discharged without just cause, and the sole right and remedy of such counselor shall be to file a grievance in accordance filed first with the grievance procedure in this Agreementperson who originated the disciplinary action. Before terminating a counselor, the supervisor shall advise the counselor of the reason(sA Performance Improvement Plan (PIP) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, issued separately or in conjunction with discipline. A PIP is not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons mandatory for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselorevery disciplinary event. If the supervisor Hospital has indicated that a nurse will be placed on a PIP and if a PIP is not provided to the nurse or the follow up outlined within the disciplinary action and/or PIP does not 11.2 Oral reprimands shall be subject to the grievance procedure, but shall not give be subject to arbitration. 11.3 All disciplinary actions shall be recorded in writing (with the exception of oral counseling) and signed by the nurse to acknowledge receipt. If the nurse refuses to sign, the manager will note the refusal on the written document and, if a representative of the Association is present, the representative shall sign as a witness. The written document shall be placed in the employee’s personnel file and a copy of the memo document shall be provided to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of nurse receiving such writings to the counselor and, discipline at the counselor's request, time it is administered. Employees shall have the right to a Union official designated personal interview with the persons giving the reprimand and making the entry by making a request for such interview in writing within ten (10) calendar days from the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary written notice. The employee shall have the right to be accompanied at the interview by a representative of the Association, and must shall have the right to submit a written rebuttal to the employee’s personnel file within thirty (30) calendar days from issuance of the disciplinary action. 11.4 The Hospital shall advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspensionnurse, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further in advance whenever possible, if a requested meeting may result in disciplinary action. Progressive discipline shall follow Where an investigatory meeting may lead to disciplinary action, the guidelines established by Hospital will inform the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor nurse that he/she may appeal request to have another employee or Association representative present. Such other employee or representative shall be present solely to advise the termination under nurse, consistent with the accelerated provision Xxxxxxxxxx standards established by the Employment Relations Board and shall not act as a spokesperson for or advocate of the grievance procedurenurse in such meeting.

DISCIPLINE AND DISCHARGE. No counselor 11.1 The Employer shall not discipline, suspend or discharge an Employee without just and proper cause. Disciplinary action shall be disciplined or discharged without just causereasonable and shall be demonstrably proportionate to the seriousness of the specific violation. Where the Employer cancels a course at any time prior to the third scheduled class because of insufficient enrolment, the position is thereby terminated, and such termination does not contravene this Article. In any grievance over disciplinary action, the sole right and remedy burden of such counselor proof of just cause lies with the Employer. 11.2 The Xxxx shall be to file a grievance responsible for administering discipline in accordance with the grievance procedure in provisions of this AgreementArticle. 11.3 An Employee shall have the right to have a Union representative present, at any meeting between the representative of the Employer and the Employee called expressly to discuss or impose discipline or discharge. Before terminating a counselorThe Employer will inform the Employee of this right prior to any disciplinary meeting. If an Employee chooses not to exercise this right, the supervisor Employee’s decision shall advise be communicated to the counselor Union 11.4 Where a meeting concerning discipline is to be called, the Employer shall normally notify the Employee, in writing, at least two (2) working days prior to the meeting about the purpose of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficienciesmeeting, the supervisor will give allegations to be discussed, the time and location of the meeting, that a representative of the Union, if readily available, may attend the meeting, should the Employee so choose. 11.5 When an Employee is suspended or discharged, the suspension or discharge shall be confirmed in writing to the Employee with a copy to the counselor. If Union stating the supervisor does not give a copy of reasons for the memo to the counselordiscipline, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one three (13) working day of receipt of days following the disciplinary notice, and must advise date on which the supervisor the name of the Union official. The supervisor shall send the copy decision to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relationsimplement a suspension or discharge was made. A copy of subsequent updates any written reprimand shall set out the reasons for the reprimand and shall also be provided to the guidelines will be sent by Union within three (3) working days following the Office date on which the decision to issue the reprimand was made. 11.6 An Employee who has been suspended or discharged may, with the support of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5Union, Grievance Procedure. A letter of termination will contain present a notice to the counselor that he/she may appeal the termination under the accelerated provision grievance directly at Step 2 of the grievance procedure.procedure within ten

DISCIPLINE AND DISCHARGE. No counselor permanent Employee (which does not include Employees within the probationary period) may be dismissed or suspended without just cause. Nothing shall be disciplined prohibit the Union from investigating any dismissal or discharged suspension and resorting to the Grievance Procedure provided in this Agreement. In the event that it is decided, as provided in the Grievance Procedure set forth in this Agreement, that the suspension or discharge was without just cause, and the sole right and remedy of such counselor decision shall provide for reinstatement with back pay. Except where an emergency prevents it, grievances concerning dismissal or suspension shall be advanced over all other matters pending for grievance hearings and shall be promptly heard. With respect to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselordischarge or suspension, except on grounds for immediate dismissal as described herein, the supervisor Employee agrees to follow the principles of corrective discipline with respect to other offenses. A warning shall advise be given for the counselor first and second offenses of the reason(s) he/she is considering termination an Employee in violation of Township rules, but reprimands for any offense thereafter shall be cumulative. All warnings and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination reprimands given to Employees who violate Township rules shall be issued in writing and copies shall be given to Union representatives as provided herein. No other warnings or reprimands shall be considered. A reprimand shall not remain in effect for a counselor will contain period of more than eighteen (18) months. Procedures for the reasons handling of offenses and penalties to be involved are as follows: Step One - Formal reprimand shall be given to the Employee for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give first violation with a copy to the counselorEmployee’s Shop Xxxxxxx. If the supervisor does not give Step Two - A formal reprimand and a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day suspension shall be given to the Employee for his/her second violation of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the Township rules with a copy to the designated Employee’s Shop Xxxxxxx and Union. This written reprimand shall be placed in the Employee’s personnel record and will be eliminated as stated above. Step Three - A maximum suspension of three (3) days may be given for the next reprimand. The suspension notice shall be given to the Employee in writing, with copies to the Employee’s Shop Xxxxxxx and the Union. The suspension may be taken to the Employer by the Union official within one (1) working day for discussion as to the maximum penalty. This action shall become part of the counselor's request. The counselor shall sign letters of reprimand Employee’s personnel record and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureeliminated as stated above.

DISCIPLINE AND DISCHARGE. No counselor A. All employees shall be probationary for the first ninety (90) days of employment. Thereafter, each employee shall be issued an annual employment contract with a two (2) week termination provision. The two (2) week termination provision may be waived when discharge is for cause. B. A probationary employee may be disciplined or discharged without just causedismissed for any reason considered justifiable by the Business Administrator. Notification of discipline or dismissal shall include a written statement of reasons for non-employment. Within five (5) calendar days of receipt of notification of dismissal, and the sole right and remedy employee may request in writing a meeting to discuss the termination with the Superintendent of such counselor Schools. The Superintendent shall schedule a meeting within five (5) calendar days of receipt of the written request from the employee. The Superintendent must notify the employee in writing of his final determination within three (3) days of the meeting. Any disciplinary action of a probationary employee shall not be subject to file a grievance in accordance with the grievance procedure in of this Agreement. C. Violations of Board policy, rules or regulations shall be cause for disciplinary action as outlined below when just cause exists. Employees shall have the right to dispute any charge or alleged violation and may appeal such action through the grievance procedure provided under this Agreement. Before terminating a counselor, the supervisor There shall advise the counselor be four (4) separate penalties applied when it is necessary to impose discipline on any of the reason(s) he/she is considering termination and give employees of the counselor an opportunity to attend a pre-termination conference to respond to such reason(s)Board. Step 1: A written reprimand shall be placed in the employee’s personnel file. The counselor may employee shall be accompanied by required to sign the file copy, within five (5) work days, for the sole purpose of acknowledging receipt of a union representative at such conference; the representative may act as a consultant at that conference, not as an advocatecopy. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor The employee’s signature does not give indicate agreement with the reprimand. The Board shall furnish the employee and the Association with a copy of the memo reprimand. Step 2: A written reprimand shall be placed in the employee’s personnel file. The employee shall be required to sign the counselorfile copy, within five (5) work days, for the memo will sole purpose of acknowledging receipt of a copy. The employee’s signature does not be considered a indicate agreement with the reprimand. Rutgers The Board shall provide furnish the employee and the Association with a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within reprimand. Step 3: Suspension from work (without pay) for periods varying from one (1) working day of receipt to fifteen (15) days, according to the gravity of the disciplinary notice, offense and must advise the supervisor the name previous record of the Union officialemployee concerned, is to be applied in cases of a first serious offense or continued or repeated minor ones. Step 4: Discharge. • If an employee is required to attend a meeting with the Board, Superintendent or a designated representative for the purpose of discipline, he will be so advised in writing and shall have the right to have an Association representative present during such a meeting. • The supervisor shall send Board may bypass any step of this procedure based on the copy to the designated Union official within one offense (1such as theft, fighting, child molesting, substance abuse, etc.) working day and record of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureemployee.

DISCIPLINE AND DISCHARGE. No counselor The parties recognize the principles of progressive and corrective discipline. Disciplinary action or measures shall be disciplined limited to the following: • Oral reprimand • Written reprimand • Suspension up to thirty (30) days • Discharge Disciplinary action may be imposed upon an employee only for just cause. The Sheriff or discharged without his designee shall have the sole authority to impose discipline. Provided there is just cause, psychological or physical exams in addition to the provision of Section 8, Article XV, may be added as a condition of employment imposed by the Employer in conjunction with the discipline, (the initial exam to be paid for by the Employer). Employees shall execute a release for the examining physician selected by the Sheriff for purposes of determining fitness for duty, for all the results of any examination conducted by the Sheriff’s physician to be confidentially released to the Sheriff to determine fitness for duty. Any disciplinary action or measure imposed upon a non-probationary employee may be processed as a grievance through the regular grievance procedure. An employee, disciplined by the Sheriff, shall have the right to appeal the discipline either through the grievance/arbitration provisions of this Agreement or through an appeal to the Merit Commission and must elect within ten (10) days of notification of the discipline the manner in which the appeal will be pursued. Filing of a timely grievance shall constitute election of the grievance/arbitration procedure. Filing of an appeal to the Merit Commission shall constitute election of that option. The employee shall be allowed only one election and the sole right and remedy of such counselor first election made shall be final and shall constitute a waiver of the other option. Probationary employees are “at-will” employees subject to file a grievance in accordance with discipline or discharge without recourse to the Merit Commission or the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselorprocedure. If the supervisor does Employer has reason to reprimand an employee, it shall be done in a manner that will not give a copy embarrass the employee before other employees or the public. This shall not prohibit the Employer from informing the complainant of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy discipline of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she any employee once it has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedurefinally been determined.

DISCIPLINE AND DISCHARGE. A. No counselor shall employee will be disciplined or discharged from employment without just causecause and due process. However, the Employer reserves the right to warn, reprimand, demote, suspend, or discharge the employee without first providing progressive discipline if the circumstances so warrant. Circumstances that may warrant discipline or discharge without providing progressive discipline may include but are not limited to gross negligence or misconduct, dishonesty or theft, fraud in securing a position willful damage of property, reporting to work under the influence of illegal drugs or alcohol, physical assault or violence, bullying or threatening behavior, or other serious misconduct. B. MICA subscribes to the tenets of progressive discipline to provide a structured corrective action process to improve and prevent a recurrence of both performance and behavioral issues. Progressive discipline will generally start with counseling and verbal warnings as a first measure and proceed from there. C. An employee may request that a representative designated by the Union be present at any meeting that is investigatory or is to administer discipline. Whenever MICA is investigating conduct which might reasonably lead to disciplinary action against the employee, at the employee’s option, the employee shall have the right to Union representation at any meeting, hearing, or formal/informal discussion with the employee pertaining to the investigation or imposition of discipline relating to such conduct. If a Union representative is not immediately available, the meeting shall be rescheduled at a time when a Union representative can be available. However, if the Union has not provided a representative who can attend the meeting within two (2) business days, the meeting may be held without representation. Provided further that if the designated representative is a bargaining unit employee, such employee will be granted release time at no loss of pay in order to participate in the meeting. D. MICA may place a staff employee on paid administrative leave pending an investigation concerning an allegation of misconduct by the staff member. Such a paid administrative leave shall not be considered to be a disciplinary action that is subject to the just cause standard. E. MICA will issue disciplinary action in a timely fashion, taking into account all relevant facts and circumstances surrounding the event. Discipline normally will not be issued if the employee has not been notified that MICA was investigating a concern about the employee’s action(s) giving rise to the discipline within 45 days of the event or when XXXX should have reasonably known of the event, and where MICA fails to provide such notice, discipline may only be issued when XXXX demonstrates that unusual extenuating circumstances existed which prevented notice to the sole right employee within 45 days. F. Discipline and remedy of such counselor shall be discharge are subject to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, Article 12. G. After thirty-six (36) months without any further disciplinary action and upon the supervisor shall advise the counselor written request of the reason(s) heemployee, counseling memos and verbal/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers written warning shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureno longer influence future employment decisions.

DISCIPLINE AND DISCHARGE. No counselor An Employee who is removed from his or her position while on probation shall have the right to revert to the last position in which he or she completed a probation period. a. Any Employee who has completed their initial probationary period may be suspended without pay, discharged or disciplined only for just cause. b. Discipline shall be disciplined corrective and progressive. Except for cases of serious offense, any suspensions, demotions or discharged without just cause, and the sole right and remedy of such counselor removal action shall be to file preceded by a grievance in accordance with written warning. c. For the grievance procedure in purpose of this Agreement. Before terminating a counselorArticle, the supervisor shall advise the counselor of the reason(sinitial probationary period for Police Officers will end six (6) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within months after "solo patrol" begins or one (1) working day year from hire date, whichever is longer. The term "solo patrol" is defined as that point in the initial training of receipt of Duluth Police Officers when they no longer are required to have a training officer. 34.2. The Chief or any Unit Leader acting for him or her, may for disciplinary purposes, suspend without pay any Employee for one or more periods aggregating not more than thirty (30) calendar days in a calendar year. He or she shall as soon as practicable give written notice to the disciplinary noticeEmployee stating the reason for the suspension, the duration thereof, and must advise the supervisor Employee he or she may grieve the name of matter pursuant to the Union officialGrievance procedure. He or she shall personally deliver such written notice to the Employee or mail it to his or her last known address by certified mail. a. Appointing Authority may terminate an Employee, thereby removing the Employee from the workforce. The supervisor Employee shall be given written notice of termination which shall state specifically the act or acts constituting cause for removal. The Employer shall deliver the notice of termination to the Employee personally, or shall send the copy to the designated Union official within one (1) working day copy by certified mail to the last known address of the counselor's requestEmployee, and one copy to the Union as set out in Article 34.8. The counselor notice shall sign letters of reprimand and letters of suspension, advise the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/Employee he or she may appeal grieve the termination under the accelerated provision of action pursuant to the grievance procedure. b. An Employee may not be terminated from his/her job while on sick leave approved by a City-chosen physician, unless that Employee is the least senior in his/her job classification and a reduction in force is necessary. This Section 34.3(b) does not apply to discipline pursuant to Article 34.1. 34.4. An Employee or his/her union representative may file in writing, an appeal to the Chief and the Chief Administrative Officer, after three (3) years from the date of any disciplinary action, to have the record of the disciplinary action removed from his/her file. The Employee shall have the opportunity to meet with the Chief and the Chief Administrative Officer to present evidence to support his/her appeal. The Chief Administrative Officer will respond in writing within thirty (30) days. The Chief Administrative Officer's decision will be final. If the appeal is upheld, the disciplinary action will not be used by the employer in the future for any purpose. A Union representative may be present at all meetings during the appeal process. 34.5. The Employer shall promptly deliver to the Union a copy of any notice of suspension, notice of termination, or reprimand issued to an employee.

DISCIPLINE AND DISCHARGE. No counselor shall A bargaining unit member who has completed their probationary period will not be disciplined or discharged without just causecause and will have the right to appeal the discipline through the grievance procedure. (a) Prior to issuing discipline, and the sole right and remedy of such counselor Company will convene a disciplinary interview with respect to the alleged incident giving rise to the discipline. The interview shall be to file a grievance in accordance with convened within fifteen (15) business days from the grievance procedure date on which the Company became aware of the alleged incident, unless the investigation cannot be completed in this Agreementperiod. Before terminating Any discipline administered outside of fifteen (15) business days from the date of the discipline on which the Company became aware of the alleged incident will be declared null and void. An extension of time limits in this Article will be by mutual consent only and in writing. Prior to convening a counselordisciplinary interview, the supervisor shall advise Company will provide the counselor affected bargaining unit member with reasonable advance notice of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places meeting in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give writing with a copy to the counselor. If Unit Chairperson, setting out the supervisor does not give a copy nature of the memo matter to the counselor, the memo be discussed. The disciplinary interview will not be considered a reprimandconvened unless the bargaining unit member has Union representation at the meeting. Rutgers shall provide a A copy of such writings all disciplinary notices to any bargaining unit member covered by this Agreement shall be forwarded to the counselor and, at Unit Chairperson. Any reprimand notices or disciplinary measures will remain on the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within bargaining unit member’s file for one (1) working day year from the date of receipt notice or reprimand unless there is a re- occurrence of the disciplinary notice, and must advise same or similar infraction. At the supervisor the name completion of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspensionyear period, the signature serving only to acknowledge that he/she has read the reprimand or disciplinary notice. Discipline which is rescinded through the grievance procedure notice will be deemed physically removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates with all copies given to the guidelines Unit Chairperson. If a repeat infraction occurs within the one (1) year period, the original and subsequent notices or reprimands will remain on the file for a further year from the date of the most recent notice or reprimand. Any bargaining unit member shall be sent by allowed to inspect their own disciplinary or contract file in the Office presence of Labor Relations the Company, during normal business hours. The Unit Chairperson or designate, may accompany the bargaining unit member to AAUP promptly upon promulgation of theminspect their own disciplinary or contract file. Termination grievances It is agreed that theft is a very serious infraction which negatively impacts the Company and the Union. The penalty for proven theft may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance proceduretermination.

DISCIPLINE AND DISCHARGE. No counselor shall be disciplined 1. Investigation a) The Company will not discipline a Flight Attendant with loss of pay, issue a letter of final warning to a Flight Attendant, or discharged discharge a Flight Attendant without first holding an investigatory meeting. The Company will not discipline a Flight Attendant without just cause. b) Upon learning of a potential occurrence, within fifteen days (15) the Director of Inflight will notify the Flight Attendant of the investigatory meeting to be held. The Flight Attendant will be given a minimum of seven (7) days’ notice of the meeting. The meeting notice will give the reasons for the meeting (e.g., date, segment, alleged offense). c) The Company will notify the affected Flight Attendant of the investigatory meeting in writing either by email, mail with delivery confirmation or hand delivery. At the time the Flight Attendant is notified, the Company will also provide copies of the notice to the MEC/LEC President and Grievance Chairperson by e- mail, hand delivery or regular mail, with delivery confirmation. The notice will inform the Flight Attendant of her/his right to have Union representation at the meeting. If following notification but prior to the meeting date, the Company learns of another incident of a similar nature (e.g., another customer complaint), the Company may notify the Flight Attendant, the MEC/LEC President and the sole right Grievance Chairperson via e-mail that the additional incident will also be discussed at the scheduled meeting. Failure to attend the investigatory hearing constitutes grounds for additional discipline up to and remedy including termination, not in the circumstances cited in C.5.b. in this Grievance Section. d) A Flight Attendant subject to an investigatory meeting may choose to be represented at such meeting by either a Union representative or another Flight Attendant employed by the Company. If the Flight Attendant elects representation by the Union and a Union representative is not available on the scheduled hearing date (including denial of Union leave), at the Flight Attendant’s or Union’s request, the meeting will be rescheduled to a mutually- agreeable date. However, such meeting will be held no later than five (5) days after the originally-scheduled meeting date unless both the Company and the Union agree otherwise. A Flight Attendant may choose to not be represented by anyone including a Union representative at an investigatory hearing. e) A Flight Attendant may request to hold the meeting earlier. If the Company agrees to accommodate the Flight Attendant’s request, the Company will contact the MEC/LEC President and/or Grievance Chairperson. If the Flight Attendant requests union representation at the meeting, the Company and MEC/LEC President or Grievance Chairperson will coordinate scheduling of the hearing. However, no meeting will be held on the same day that the meeting notification was provided to the Flight Attendant unless the Company has made positive contact (through e-mail, telephone, or cellular phone) with either the MEC/LEC President or the Grievance Chairperson prior to the meeting time and explained the Flight Attendant’s request to hold a same-day meeting and attempting to make arrangements for Union representation, if requested. f) If a meeting with a Flight Attendant is scheduled on the Flight Attendant’s scheduled day off and the Flight Attendant objects to the meeting on his/her scheduled day off, the Company will work with the Union and the Flight Attendant to reschedule the meeting to be held within the Flight Attendant’s scheduled duty period. g) If the meeting is scheduled on a duty period, the following process will be utilized: (1) Flight Attendant will be returned to their original pairing if at all possible. (2) If not possible, the Flight Attendant will be allowed to pick up from Open Flying a pairing of similar or greater value to the original pairing. (3) If pickup is not accomplished by 3 days from the affect pairing, a pairing will be assigned from open flying over the days of the original pairing. (4) If no open flying exists, Flight Attendant will be placed on FX (reserve) for the duty time of the original pairing. (5) The Flight Attendant will be pay protected for the original pairing. h) If the Flight Attendant attends the meeting on her/his day off, she/he will receive the minimum pay for the day. 2. The Company may hold a Flight Attendant out of service pending investigation. If the Flight Attendant is ultimately exonerated, the Flight Attendant will be reinstated without loss of seniority or longevity or benefits accruals, will be paid for such time lost in an amount which would have ordinarily been earned had the Flight Attendant been continued in service during such period and any reference to the investigation or discipline will be removed from the Flight Attendant’s record. If discipline involving loss of pay is administered after investigation, the Flight Attendant will be credited for time served and for pay withheld, as appropriate. 3. The Company shall notify Flight Attendants of any disciplinary action in writing by email, mail with delivery confirmation or by hand delivery. The Company will not fax discipline to Flight Attendants. The charges will be outlined in the disciplinary letter. When the discipline involves a verbal warning, written warning, suspension, final warning or discharge, the Company shall provide copies of such counselor shall be notices to file the MEC/LEC President and the LEC Grievance Chairperson by e-mail, mail, with delivery confirmation or by hand delivery. a) If the Company issues a grievance in accordance coach/counseling session without having held a prior meeting with the grievance procedure in this Agreement. Before terminating a counselorFlight Attendant, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor coaching letter or email will contain the reasons for such actionfollowing language: “If you have any questions or concerns regarding this coaching/counseling session, you may request a telephone conference or in- person meeting regarding this coaching/counseling. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not Such request must be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action made within one seven (17) working day days of receipt of the disciplinary notice, and must advise the supervisor the name this letter. Such meeting will be scheduled written confirmation via e-mail of the Union officialmeeting shall be sent. The supervisor shall send You have the copy right to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relationsunion representation at such meeting.” 4. A copy written grievance involving discipline or discharge must be filed with the Director of subsequent updates to Inflight Services within fifteen (15) days after the guidelines will be sent by Flight Attendant receives the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedurediscipline or discharge.

DISCIPLINE AND DISCHARGE. ‌ L11.01 No counselor Member who has completed the probationary period shall be dismissed or disciplined without just cause. The Board shall notify the Federation promptly in writing of the reasons for dismissal or discipline. Failure to notify will not void the Board’s actions nor the right to grieve the action. L11.02 Whenever it is necessary to notify an employee that their work performance may be detrimental to the employee’s continued employment, such notice shall be made in writing and the employee shall have the right to have a copy of the report forwarded by the Board to the Federation. L11.03 A Member shall be entitled to be accompanied by a Federation representative when discipline is imposed. In cases where an employee is directed to attend a meeting where disciplinary action is to be served, and at all subsequent meetings on the matter, the employee shall be informed of the nature of such meeting and advised of the right to be accompanied by a Federation representative. In addition, the Member, at their absolute and sole discretion, may have a Federation representative accompany them to any meeting with the Board that may lead to discipline. L11.04 If a Member elects to have Federation (bargaining unit) representation, no discussion on the issues will take place until the Federation (bargaining unit) representative is present. Federation (bargaining unit) representation will attend in a timely manner. L11.05 A claim by a Member that they have been disciplined or discharged without just cause, and the sole right and remedy of such counselor cause shall be to file treated as a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, the supervisor Article L10.04 herein and shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative lodged at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision Step 1 of the grievance procedure. L11.06 A discharge or discipline grievance may be resolved under the grievance and arbitration procedure by confirming the discharge or discipline of the Member, by reinstating the Member with full compensation for the time lost or by any other arrangement which is just and equitable in the opinion of the parties or the Arbitrator. L11.07 A record of discipline, and all related documents will be removed from the Member’s personnel file and shall not be relied upon for any purpose if the Member maintains a discipline free record for a period of eighteen (18) months.

DISCIPLINE AND DISCHARGE. No counselor 11.1 The purpose of this article is to provide for an equitable and expeditious manner for the resolution of disputes arising from the imposition of discipline. The Employer and the Union acknowledge all steps of the progressive disciplinary process. It is further acknowledged that feedback received during an annual performance evaluation may supplement the disciplinary process. All actions beyond Step 1 in the referenced process shall be documented by the Employer and shall become part of the permanent personnel record. 11.2 Any Employee involved in a discussion with Employee's immediate superior or management, who has reason to believe that discipline may result from said discussion, shall have the right to request Employee's Xxxxxxx or Union Representative be present during the discussion. If the Employee wishes to have Union representation during such discussions, it shall be Employee's responsibility to make such wishes known and the Employer shall make arrangements for the desired representation. The Employer agrees that no Employee will be disciplined or discharged without just cause. 11.3 Verbal and written reprimands shall only be subject to review through Step 4 of the Grievance Procedure and shall not be subject to arbitration or litigation. Provided, however, that a written reprimand that is repeated and which is accompanied by a statement that more severe disciplinary action could follow is subject to arbitration. For any action which is not arbitrable, the sole right affected Employee may prepare a written statement responding to the reprimand and remedy of such counselor statement shall be to file a grievance included in accordance with the grievance procedure in this Agreement. Before terminating a counselorEmployee's official personnel file(s), the supervisor shall advise the counselor if it is submitted within five (5) calendar days of the reason(sfinal disposition by the General Manager of his/her designee. Such written responses shall remain in the official personnel file(s) he/she is considering termination and give for as long as the counselor an opportunity to attend reprimand remains in file. 11.4 Any Employee being suspended, involuntarily demoted or discharged shall not be removed from the payroll or otherwise adversely affected until after the completion of a pre-termination conference disciplinary hearing before the department head or acting department head. The purpose of a pre-disciplinary hearing is for the Employee to respond to such reason(s)the specific charges and present evidence on his/her behalf. The counselor may Employee must be accompanied by a union representative at such conference; timely notified in writing of the representative may act as a consultant at that conferencedismissal, not as an advocate. Written reprimands, letters of suspension, involuntary demotion or suspension and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselortherefore. The counselor notice must make written request to precede the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established hearing by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedure.at least forty-eight

DISCIPLINE AND DISCHARGE. No counselor (a) Disciplinary actions for just cause shall include the following: Oral reprimand Written reprimand Suspension(s) (notice to be given in writing) Discharge Disciplinary action may be imposed upon an employee for failing to fulfill his responsibilities as an employee and as stated in the adopted Rules of Conduct and Responsibilities of the City of Oak Park. The term "disciplinary action" shall further be defined as any action which would result in a loss of wages, fringe benefits, seniority, or a lowering in rank or change in classification. Further, that the definition of "disciplinary action" shall not apply in the case of a promotional type grievance. The above listing of disciplinary actions shall not preclude the City from appropriately disciplining employees by applying any of the disciplinary steps regardless of the order of the above listing should circumstances warrant. (b) Disciplinary action involving an oral and/or written reprimand(s) may be processed as a grievance through Step 3 of the regular grievance procedure. (c) If the employer has reason to reprimand an employee, it shall be disciplined done in a manner that will not embarrass the employee before other employees or discharged the public. (d) The employee, upon being confronted with a written reprimand, is required to acknowledge notice of said reprimand by his signature. The signature of the employee on the written reprimand is not to be construed as his/her agreement with the charges but is to be considered only that he has knowledge that such a reprimand is in existence. In the event the employee refuses to sign said reprimand, the Union President, Union Xxxxxxx and/or Officer will acknowledge that such a reprimand is in existence with their signature on behalf of the employee. (e) The City shall not discharge any employee without just cause. If, in any case, the City feels there is just cause for discharge, the employee involved will be suspended for five (5) days. Pending approval from the City, the employee may use accumulated sick and vacation leave to receive pay during the suspension. If approval is not granted, the suspension will be served without pay. The employee and the sole right president of the Bargaining Unit will be notified, in writing, that the employee has been suspended and remedy of such counselor is subject to discharge. Employees facing discharge shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend granted a pre-termination conference hearing at which time; the employee will be presented with the charges against him, along with an explanation of the employer's evidence. The employee will then have an opportunity to respond to such reason(s)the allegations and evidence presented. (f) The Union shall have the right to take any suspension and/or discharge it deems to be arbitrary, capricious or unreasonable, to the third step of the grievance procedure and the matter shall be handled through the applicable arbitration procedure where necessary. The counselor An employee, at his own discretion, may be accompanied represented by a union representative at such conference; the representative may act as a consultant at that conferenceof AFSCME, not as an advocate. Written reprimandsLocal 513, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counseloror his own legal counsel. If the supervisor does not give employee chooses his own counsel, it is understood that he must notify the Union and sign a release form. No hearing shall be held prior to the City receiving a copy of the memo release form signed by the employee. It is understood, however, that this hearing is not established to litigate the problem or charges but serves only as an opportunity for both parties to present their viewpoints. (g) Probationary employees are not subject to the counselorprovisions of Article XI herein. (h) In administering progressive discipline, the memo will City shall not be considered take in account any discipline, which occurred more than 24 months previously unless the infraction resulted in a reprimand. Rutgers shall provide a copy suspension of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedurethree days or more.

DISCIPLINE AND DISCHARGE. No counselor A. The Producer shall have full rights to discipline or discharge for cause any employee subject to this Agreement provided that the rules set forth in this Article have been followed; provided that an employee, when hired by the Producer for the first time or rehired after a break in seniority, may be discharged or disciplined for any reason during his first ninety (90) days of employment ("Probation Period"). Employees who have completed the applicable Probation Period shall only be disciplined or discharged without just for cause, and the sole right and remedy of such counselor . B. Before any employee subject to this Agreement shall be to file a grievance in accordance with discharged for unsatisfactory work performance, including qualitative and quantitative work performance, at least two (2) written notices shall have been served upon the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counseloremployee. If the supervisor does employee cannot give a copy be contacted, the Producer shall so notify the Business Representative of the memo Local Union. C. The first notice shall clearly state in what manner the employee's work performance is considered to be unacceptable, and D. Copies of all notices provided for in this Article shall be mailed or delivered to the counselor, Business Representative not more than two (2) working days after service of the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings notice to the counselor andemployee. E. Failure of an employee to challenge a disciplinary warning notice shall not constitute an admission of guilt under that warning notice. Disciplinary memos issued to an employee are admissible evidence in a grievance and/or arbitration proceeding. However, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within such disciplinary memoranda issued more than one (1) working day year prior to the incident or event giving rise to said grievance shall not be admissible. The employee shall have the right to challenge such disciplinary memo under the grievance and arbitration procedure of receipt this Agreement. F. An employee need not be warned prior to any possible disciplinary action based on dishonesty, alcohol or drug use, fighting, gross insubordination, recklessness resulting in serious accident while on duty, gambling, or other offenses of a similar nature. The foregoing is not intended to affect the meaning of "cause." G. Any alleged violation of any provision contained in this Article 16 shall be arbitrable only by Expedited Arbitration as provided herein, except where the parties shall mutually agree otherwise in writing, in which event such alleged violation may be submitted to Regular Arbitration as provided herein. However, if such alleged violation is submitted to Regular Arbitration, the authority of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy Arbitrator to award any damages or remedies to the designated Union official within one (1) working day of the counselor's request. The counselor parties shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will nonetheless be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established governed by the University and published periodically by the Office provisions of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureExpedited Arbitration.

DISCIPLINE AND DISCHARGE. 18.1 Unless otherwise warranted by circumstances, discipline shall normally be progressive, beginning with oral reprimand and proceeding to written reprimand, suspension, and discharge. Alternate forms of discipline may be used when deemed more appropriate. No counselor one who has completed the initial probation shall be disciplined or discharged without except for just cause. Any disciplinary meeting shall be documented in writing and such documentation will be presented to the employee either at the time of the meeting, or as a follow-up communication within ten (10) working days from the initial meeting. This written document will clarify to the employee the Agency’s expectations of his/her performance and the sole right and remedy discipline to be imposed. 18.2 Employees will be notified of such counselor shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action complaint received against them within one (1) working week of the receipt if a disciplinary investigation will be conducted, unless to do so would compromise the investigation. 18.3 If LCOG determines that there is just cause for discharge, demotion, or suspension, at least five (5) calendar days prior to the effective date of the discipline, LCOG shall provide the employee with a written due process notice which includes the charges or allegations investigated, the disciplinary action being considered, the grounds for such action, and the right to respond either orally or in writing to the person taking the action prior to the effective date. 18.4 Upon the request of the employee, the employee shall be entitled to have a Union representative present during interviews and at any pre-disciplinary meeting scheduled for the purpose of an oral response. This opportunity for representation shall not unduly delay such interviews or meetings. This Section shall not apply to any interview or meeting with an employee in the normal course of work, counseling, instruction, evaluation, or other routine contact with a supervisor. 18.5 Employees may be placed on administrative leave with pay during an investigation or to give LCOG time to decide upon its contemplated action. Employees on administrative leave are nonetheless subject to the direction of their manager during their regular work schedule; they must be available by phone during those hours and available to report to work upon the instruction to do so. 18.6 LCOG shall conduct all disciplinary and discharge actions with discretion to ensure the employee’s dignity, privacy, and confidentiality. 18.7 Throughout the entire discipline and discharge process, employees shall have access to Union representation, including on the day of receipt of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance proceduretermination.

DISCIPLINE AND DISCHARGE. No counselor The School retains the right to discipline or discharge an employee subject to the provisions of this Agreement. In cases of the discharge of an employee for reasons of teaching performance, an arbitrator may only determine whether the School followed reasonable procedures in evaluating the teacher. In cases of the discharge of an employee for reasons of teaching performance, an arbitrator shall not overturn the decision if the arbitrator finds that the School followed reasonable procedures in evaluating the teacher. Discipline and discharge other than discharge for teaching performance may be grieved and the arbitrator shall apply the standard of just cause to such discipline or discharge. A grievance shall be disciplined filed by any employee, group of employees, or discharged without just causethe Association and first be discussed with the principal or the principal’s designee. If the grievance is not resolved to the satisfaction of the Grievant or if a decision is not rendered within ten (10) workdays of submission, the Grievant may appeal in writing to the CEO within ten (10) work days after the decision is issued or ten (10) workdays after the deadline for the decision of the principal or designee. Decisions rendered shall be in writing and shall be transmitted promptly to the Grievant and to the Association. Should the decision at Step One not be accepted, the grievance shall be appealed to the CEO within ten (10) workdays after decision at step one. A meeting shall be held among the Association, the Employee and the sole right CEO, if so requested by the Association or the Employee. The CEO shall provide a written copy of the decision to the Association and remedy the Employee within thirty (30) days of such counselor the appeal. The failure of the CEO to provide a written decision within thirty (30) days of the appeal to step two shall constitute a denial of the grievance. Decisions rendered shall be in writing and shall be transmitted promptly to the Grievant and to the Association. Should the decision at Step Two not be accepted, the Association shall, within thirty (30) days of either the CEO’s written decision or the date that the grievance is deemed denied file with the School’s CEO a written notice for arbitration of the grievance. To be considered “filed,” the Association’s written notice for arbitration must be delivered either to the office of the School’s CEO during business hours or electronically to the CEO. The Association shall have the sole and exclusive right to move a grievance to arbitration. The failure of the Association to file a written notice for arbitration within the thirty (30) days of either the CEO’s written decision or the date that the grievance is deemed denied shall constitute acceptance by the Association of the CEO’s decision. Upon the timely submission by the Association of the notice for arbitration, the Parties shall request a 7-member list of arbitrators from the Pennsylvania Bureau of Mediation. The Parties shall alternately strike names from the list in accordance with the grievance procedure in this Agreementprocedures of section 903 of Act 195. Before terminating a counselorAlternatively, the supervisor shall advise Employer and the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend Association may agree upon a pre-termination conference to respond to such reason(s)mutually acceptable arbitrator. The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy arbitrator shall resolve all questions relating to the counselor. If the supervisor does not give a copy of the memo to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt of the disciplinary notice, arbitrability and must advise the supervisor the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established by the University and published periodically by the Office of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision merits of the grievance procedureincluding, but not limited to, the appropriate remedy. The Arbitrator selected shall limit his or her decision to the terms of the Agreement. The Arbitrator shall have no authority to modify, amend, add to, or subtract from the Agreement. The Arbitrator shall issue a written decision on the grievance to the Parties within a reasonable time after the close of the proceedings.

DISCIPLINE AND DISCHARGE. No counselor 25.1 Both parties agree that an employee is considered innocent until proven guilty. 25.2 An employee shall be disciplined or discharged without just cause, and have the sole right and remedy of such counselor shall be to file a grievance in accordance have his/her xxxxxxx present at any meeting with the grievance procedure in this AgreementEmployer that may be the basis of disciplinary action. Before terminating a counselorWhere the Employer intends to interview an employee for disciplinary purposes, the supervisor Employer shall advise notify the counselor employee in advance of the reason(s) hepurpose of the interview in order that the employee may contact his/she is considering termination and give her xxxxxxx to be present at the counselor an opportunity interview. Where the employee has been informed of his/her right to union representation yet chooses to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by the meeting(s) without a union representative at present, the employee shall be deemed to have waived his/her right to union representation. 25.3.1 Disciplinary and discharge letters shall be issued to an employee as soon as the Employer becomes aware of the matter(s) that are the subject of the discipline or discharge and has had a reasonable opportunity to investigate the matter(s) including interviewing the employee where the Employer deems such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, interview to be necessary. 25.3.2 Discipline and discharge letters of suspension, and letters of termination given issued to a counselor will employees shall contain the reasons for such action. If their issuance. 25.3.3 A copy of a supervisor places in discipline or discharge letter issued to an employee shall be signed by a counselor's file a memo which describes representative of the counselor's deficiencies, the supervisor will give a copy Employer and forwarded to the counselorUnion. If the supervisor does not give The employee shall sign a copy of the memo discipline or discharge letter acknowledging its receipt. Failure or refusal by an employee to the counselor, the memo will not be considered a reprimand. Rutgers shall provide sign a copy of such writings to a discipline or discharge letter shall not invalidate the counselor and, at letter or the counselor's request, to a Union official designated by the counselordiscipline or discharge contained therein. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt signing of the disciplinary noticeletter does not constitute an admission of guilt. 25.4 The Employer agrees that no secret files shall be kept on employees. An employee shall have the right to see his/her personnel file and to have a copy of any information in the file, and must advise the supervisor the name on request. 25.5 An employee who is discharged or suspended may file a grievance at Step 2 of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will within ten days after such discharge or suspension. 25.6 An employee warning notice shall be deemed removed from the counselor's employee’s file and will eighteen (18) months from the date of issuance of the notice should the type of misconduct that is the subject of such warning notice not be repeated within such time period. 25.7 An employee suspension notice shall be removed from the basis for further disciplinary action. Progressive discipline shall follow employee’s file after thirty-six (36) months from the guidelines established by the University and published periodically by the Office date of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision issuance of the grievance procedurenotice should the type of misconduct that is the subject of such suspension notice not be repeated within such time period.

DISCIPLINE AND DISCHARGE. No counselor A. The Producer shall have full rights to discipline or discharge for cause any employee subject to this Agreement provided that the rules set forth in this Article have been followed; provided that an employee, when hired by the Producer for the first time or rehired after a break in seniority, may be discharged or disciplined for any reason during his first ninety (90) days of employment ("Probation Period"). Employees who have completed the applicable Probation Period shall only be disciplined or discharged without just for cause, and the sole right and remedy of such counselor . B. Before any employee subject to this Agreement shall be to file a grievance in accordance with discharged for unsatisfactory work performance, including qualitative and quantitative work performance, at least two (2) written notices shall have been served upon the grievance procedure in this Agreement. Before terminating a counselor, the supervisor shall advise the counselor of the reason(s) he/she is considering termination and give the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of suspension, and letters of termination given to a counselor will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counseloremployee. If the supervisor does employee cannot give a copy be contacted, the Producer shall so notify the Business Representative of the memo Local Union. C. The first notice shall clearly state in what manner the employee's work performance is considered to be unacceptable, and D. Copies of all notices provided for in this Article shall be mailed or delivered to the counselor, Business Representative not more than two (2) working days after service of the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings notice to the counselor andemployee. E. Failure of an employee to challenge a disciplinary warning notice shall not constitute an admission of guilt under that warning notice. Disciplinary memos issued to an employee are admissible evidence in a grievance and/or arbitration proceeding. However, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within such disciplinary memoranda issued more than one (1) working day year prior to the incident or event giving rise to said grievance shall not be admissible. The employee shall have the right to challenge such disciplinary memo under the grievance and arbitration procedure of receipt this Agreement. F. An employee need not be warned prior to any possible disciplinary action based on dishonesty, alcohol or drug use, fighting, gross insubordination, recklessness resulting in serious accident while on duty, gambling, or other offenses of a similar nature. The foregoing is not intended to affect the meaning of "cause." G. Any alleged violation of any provision contained in this Article 16 shall be arbitrable only by Expedited Arbitration as provided herein, except where the parties shall mutually agree otherwise in writing, in which event such alleged violation may be submitted to Regular Arbitration as provided herein. However, if such alleged violation is submitted to Regular Arbitration, the authority of the disciplinary notice, and must advise the supervisor the name of the Union official. The supervisor shall send the copy Arbitrator to award any damages or remedies to the designated Union official within one (1) working day of the counselor's request. The counselor parties shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will nonetheless be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established governed by the University and published periodically by the Office provisions of Labor Relations. A copy of subsequent updates to the guidelines will be sent by the Office of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision of the grievance procedureExpedited Arbitration.

DISCIPLINE AND DISCHARGE. No counselor shall 8.01 In taking disciplinary action the Employer agrees to follow its policy regarding progressive discipline and discharge. 8.02 In order to be disciplined or discharged without just cause, and the sole right and remedy of such counselor shall be to file a grievance in accordance with the grievance procedure in this Agreement. Before terminating a counselorvalid disciplinary action, the supervisor disciplinary action or decision, must be dealt with in a timely fashion. Any disciplinary action or decision shall not be based solely on any item in an employee’s personal record which has been on file for more than one (1) year. Apart from non‐disciplinary discussions about performance, whenever the employer deems it necessary to meet with an employee to discuss matters which may result in disciplinary action, the Employer shall advise the counselor employee of the reason(s) he/she purpose of the meeting and will allow sufficient time to enable the employee to exercise her right to be accompanied by their xxxxxxx. An employee has the right to request the presence of the Union Xxxxxxx at any time disciplinary action is considering termination taken. It is the Executive Director’s responsibility to inform the employee of her right to request such representation. The Executive Director will arrange a meeting of the Executive Director and give Union Xxxxxxx if requested. Whenever both the counselor Executive Director and the Associate Executive Director wish to meet with an employee, that employee may request the presence of a Union Xxxxxxx 8.03 An employee shall, upon written request, be granted the opportunity to attend a pre-termination conference to respond to such reason(s)review her own confidential personal file in the presence of the Executive Director. The counselor employee may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocateUnion Xxxxxxx. Written reprimands, letters of suspension, and letters of termination given to a counselor The employee will contain the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counselor. If the supervisor does not give be provided with a copy of the memo to the counselor, the memo will not any items she requests. 8.04 A probationary employee shall be considered employed on a reprimand. Rutgers shall provide a copy of such writings to the counselor andtrial basis, and may be discharged at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action within one (1) working day of receipt discretion of the disciplinary notice, and must advise the supervisor the name of the Union officialExecutive Director. The supervisor Such dismissal shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspension, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will not be the basis for further disciplinary action. Progressive discipline subject matter of a grievance, nor shall follow it be referred to arbitration. 8.05 It is understood and agreed that termination of a contract or temporary employee at the guidelines established by expiration of the University and published periodically by term their contract of employment shall not be the Office subject of Labor Relations. A copy a grievance nor be referred to arbitration. 8.06 An employee, other than a probationary employee, contract or temporary employee who claims to have been unjustly discharged, may file a grievance within ten (10) working days of subsequent updates to the guidelines will be sent by date of the Office notice of Labor Relations to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision dismissal commencing at Step I of the grievance procedure. 8.07 The Union will be notified in writing of a dismissal and the rationale for same. 8.08 The employee may make a written request that any disciplinary letter be removed from her file. The Executive Director shall consider such request and may remove such disciplinary letter from the employee’s file if: a) The disciplinary letter is dated at least twelve (12) months prior to the employee’s request; b) The conduct giving rise to the disciplinary action is of a minor nature; and c) The employee has, to the satisfaction of the Executive Director, remedied the conduct giving rise to the complaint. Notwithstanding the above, disciplinary letters shall be removed if there has been no disciplinary action taken against the employee for twenty-four (24) consecutive months.

DISCIPLINE AND DISCHARGE. No counselor 19.1 The Employer shall be disciplined have the right to discharge, suspend or discharged without discipline any employee for just cause, . 19.2 The Employer will notify the Union President and Chief Xxxxxxx in writing of any discharge or suspension within forty-eight (48) hours from the sole right and remedy time of such counselor shall be to file a grievance in accordance with discharge or suspension. At the grievance procedure in this Agreement. Before terminating a counselortime the employee is sent home for purposes of an investigatory suspension or notified about an investigatory suspension, the supervisor shall advise Employer will notify the counselor employee of the reason(s) he/she is considering termination and give reason for the counselor an opportunity to attend a pre-termination conference to respond to such reason(s). The counselor may be accompanied by a union representative at such conference; the representative may act as a consultant at that conference, not as an advocate. Written reprimands, letters of investigatory suspension, and letters of termination given unless there is a security or legal reason not to a counselor will contain so inform the reasons for such action. If a supervisor places in a counselor's file a memo which describes the counselor's deficiencies, the supervisor will give a copy to the counseloremployee. If the supervisor does not Union desires to contest the discharge or suspension, it shall give a copy of the memo written notice thereof to the counselor, the memo will not be considered a reprimand. Rutgers shall provide a copy of such writings to the counselor and, at the counselor's request, to a Union official designated by the counselor. The counselor must make written request to the supervisor who took the action Employer within one seven (17) working day days of receipt of the notice. Failure of the Employer to provide notice shall not negate the termination, but only cause the Union’s time to respond to commence upon receipt of the notification. 19.3 All time limits herein specified shall be deemed exclusive of Saturdays, Sundays and Holidays. 19.4 The employee may request the presence of a Union representative at an investigatory meeting or other meetings likely to result in disciplinary noticeaction. 19.5 If the discipline or discharge of an employee is related to a matter involving a patient or family member, and must advise the supervisor patient and/or family member does not appear at the name of the Union official. The supervisor shall send the copy to the designated Union official within one (1) working day of the counselor's request. The counselor shall sign letters of reprimand and letters of suspensionarbitration, the signature serving only to acknowledge that he/she has read the disciplinary notice. Discipline which is rescinded through the grievance procedure will be deemed removed from the counselor's file and will absence of such witnesses shall not be the basis for further disciplinary action. Progressive discipline shall follow the guidelines established considered by the University and published periodically by the Office of Labor Relations. arbitrator. 19.6 A copy of subsequent updates the written disciplinary action or discharge will be provided to the guidelines will employee at the time that the discipline is implemented. The disciplinary notice shall advise the employee of her/his right to pursue a grievance under the collective bargaining agreement. 19.7 All notices of disciplinary action shall be sent reviewed with the employee, who shall sign/initial same prior to placement in the personnel file. The employee’s signature/initial on a document shall not constitute an admission by the Office employee but shall signify the employee’s acknowledgement of Labor Relations receipt of the document and understanding of the Employer’s performance expectations. 19.8 Grievances filed in matters of discharges/terminations shall be filed directly to AAUP promptly upon promulgation of them. Termination grievances may be brought under the accelerated procedure of Article 5, Grievance Procedure. A letter of termination will contain a notice to the counselor that he/she may appeal the termination under the accelerated provision Step 2 of the grievance procedure.