Common use of DISCIPLINE AND DISCHARGE Clause in Contracts

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall be used except when appropriatethe nature of the problem requires an immediate suspension, termination, reduction of pay, or demotion. No Discipline shall include, but not be limited to: written reprimands; reductions in pay; demotions; suspensions without pay; and dismissal. A regular status employee who has completed the initial trial service period shall in this unit may be disciplined or dismissed without just cause. B. An employee warned, reprimanded, suspended with pay, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended dismissed only for safety violations consistent with just cause. Verbal reprimands are not subject to the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the actionarbitration procedure. C. Where discharge may be contemplated, a Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Ombudsman or his/her designee at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from notice, unless a different time is requested by the date employee and/or his Union representative and agreed to by the notice is receivedAgency. The employee shall be permitted to have a Union Representative an official representative present. At The Appointing Authority may suspend the discretion of the OSFM, employee with pay or the employee may be suspended with or without pay, reassigned, or be allowed to continue their work work, as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge Section 3. The dismissal of a regular status employee may be appealed by the Union within ten (10) working days of the effective date of the dismissal directly to STEP 3DAS Labor Relations. The appeal must state the reason for Failure to file the appeal with sufficient specifics E. If within the ten (10) working day period shall constitute forfeiture of the claim and the case shall be considered closed by the parties. Within fifteen (15) working days of the receipt of the Union’s appeal of a case, the Labor Relations Unit will respond. Once the response is received from the Labor Relations Unit, if the grievance is not resolved at the Director level, the Union may appeal the case to arbitration. The parties shall select an arbitrator and the Labor Relations Unit will notify the arbitrator, qualified per Section 5 of this Article, of his or her selection. The letter shall include a calendar of potential dates. The final decision and order of the Arbitrator shall be made within thirty (if it chooses to appeal) file, in writing, for arbitration within fifteen (1530) calendar days following the close of the hearing. Section 4. An employee shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A written reprimand, reduction of pay, demotion and/or suspension may be appealed to Step 1 of the Grievance Procedure within ten (10) working days from the effective date of the STEP 3 response was due or receivedaction. The appeal must state the reason for Failure to file the appeal with sufficient specifics to process within the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.ten

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall apply to disciplinary actions except when the Agency must take a more immediate action. A regular status FLSA-non-exempt employee may be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA-exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA FLSA, demoted, or dismissed only for just cause. Section 2. Employees who have completed their initial trial service shall receive written notice of the discipline and of the specific charges supporting the disciplinenot be subject to suspension and/or discharge except for just cause. Section 3. The reductionEmployer is committed to taking appropriate measures in creating and maintaining a professional workplace that is respectful, demotion professional and free from inappropriate behavior pursuant to Agency policy or suspension of the Statewide Maintaining a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen Professional Workplace Policy (15) calendar days from the effective date of the action#50-010-03). C. Where discharge may be contemplated, a Section 4. A written predismissal pre-dismissal notice shall be given to a regular status employee employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency or his/her designee at a place, time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative an official representative present. At the discretion of the OSFMAgency, the employee may be suspended with or without pay, reassignedconsistent with the salary status requirements of the FLSA, or be allowed to continue their work to work, as specified within in the predismissal pre-dismissal notice. Section 5. Should Any unauthorized absence of an employee from duty shall be suspended deemed to be an absence without paypay and may be grounds for disciplinary action. Any employee who absents himself/herself for five (5) consecutive work days without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Agency by a subsequent approval of leave with or without pay consistent with the salary status requirements of the FLSA, the employee will first be afforded notice and right when extenuating circumstances are found to present mitigating circumstances to the Appointing Authority or designeehave existed. D. Discharge Section 6. An employee suspended or dismissed under the provision of this Article must submit a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department Superintendent or designee within ten (10) days of the date a notice of the action is delivered in person to the employee or fourteen (14) days of the date the notice is placed in U.S. certified mail to the most recent address of record. Concurrently, a notice will be mailed to the Union. No employee shall be subject to disciplinary action or separation for: A) Disclosure, not prohibited by law, of violation of laws, rules, other improper actions or inefficiency of superior officers or fellow employees. B) Adherence to the Nurse Practice Act (ORS 678.301 - 678.410). C) Adherence to the Oregon Administrative Services Labor Relations UnitRules Chapter 851 established by the Board of Nursing pursuant to the Nurse Practice Act. A) Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union Xxxxxxx or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay. B) Upon request, an employee and the employee’s representative may view any video recording that is used as evidence in any disciplinary action taken against an employee.

DISCIPLINE AND DISCHARGE. A. Progressive The principles of progressive discipline (Verbal. Written Reprimand, Salary Reduction and Discharge) shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. Verbal reprimands or warnings are not subject to the grievance or arbitration procedure. A work plan is not discipline but may be used in conjunction with disciplinary action. B. An employee reduced in pay, demoted, suspended or dismissed shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- FLSA-exempt employee demoted or suspended for safety violations consistent with the salary basis requirement requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion demotion, suspension or suspension dismissal of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal pre-dismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency's Director at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFMAgency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal pre-dismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specificsspecifics to process the grievance and must be submitted in writing to the Director or designee with fifteen (15) calendar days from the effective date of the discharge. E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Section 1. Progressive discipline shall normally consist of a step of informal discipline (a verbal) which may be noted in a supervisory file followed by formal steps of discipline (written reprimand, suspension, termination, reduction in pay or vacation account, or demotion) which shall be placed in the employee’s personnel file. If the formal discipline cites a rule or policy that has been violated, copy of the rule or policy will be made available to the employee upon request. The principles of progressive discipline shall be used except when appropriatethe nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. No A regular status FLSA-non exempt employee who has completed the initial trial service period shall may be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA-exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reductionFLSA, demotion reduced in leave accrual, demoted, or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the actiondismissed only for just cause. C. Where discharge may be contemplated, a Section 2. A written predismissal notice shall be given to a regular regular-status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Appointing Authority or his/her designee at a time and date set forth in the notice notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless an earlier time is receivedrequested by the employee and agreed to by the Program. The employee shall be permitted to have a Union Representative an official representative present. At The Appointing Authority may suspend the discretion of the OSFM, employee with pay or without pay or the employee may be suspended with or without pay, reassigned, or be allowed to continue their work work, as specified within the predismissal notice. a. The dismissal of a regular-status employee may be appealed by the Union to the Department of Administrative Services, Labor Relations Unit, pursuant to Article 14, Section 2, Step 4. Should an The appeal must state the reasons for the appeal and be submitted to the Labor Relations Unit in writing within ten (10) calendar days from the effective date of the dismissal. If not resolved at that level and properly appealed to arbitration pursuant to the grievance procedure, such appeal shall be heard by the arbitrator, and the final decision and order of the arbitrator shall be made thirty (30) calendar days following the close of the hearing. b. A FLSA-non exempt employee be reduced in pay, demoted, or suspended shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A FLSA- exempt employee who is demoted, suspended without pay consistent with the salary status requirements of the FLSA, or reduced in leave accrual shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Where discipline is imposed as reduced leave accrual, such action shall be equivalent to a reduction in pay for a non exempt employee (if the leave is reduced to .5 hour, the agency can round up and if less than .5 hour, the agency can round down). The reduction of pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge reduction in leave accrual, demotion and/or suspension of a regular status employee may be appealed by to Step 3 of the Grievance Procedure within ten (10) calendar days from the effective date of the action. If the appeal is not resolved at Step 3, the Union directly may appeal the action to STEP 3the Department of Administrative Services, Labor Relations Unit within fifteen (15) calendar days after receiving the response from the Program. The appeal must state Labor Relations Unit shall respond to the reason for the appeal with sufficient specifics E. grievance within fifteen (15) calendar days. If the grievance is not resolved at the Director levelunresolved, the Union shall (if it chooses may submit the issue to appeal) file, in writing, for arbitration within fifteen (15) calendar days following after receiving the date response from the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit. c. Appeals of reprimands shall be filed at the level of the issuing authority pursuant to the grievance procedure. d. Trial service removals shall not be subject to Article 14, Grievance Procedure or this article. Section 4. It is the intent of the Program that discipline not be administered in the presence of other employees or the public, whenever possible. Section 5. Upon request, an employee shall have the right to Union representation during any investigatory interview that the employee reasonably believes could result in disciplinary action. The employee will have the opportunity to consult with a local Union Xxxxxxx or Field Representative before the interview, but such designation shall not cause an undue delay.

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall apply to disciplinary actions except when the Agency must take a more immediate action. A regular status FLSA-non-exempt employee may be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA-exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA FLSA, demoted, or dismissed only for just cause. Section 2. Employees who have completed their initial trial service shall receive written notice of the discipline and of the specific charges supporting the disciplinenot be subject to suspension and/or discharge except for just cause. Section 3. The reductionEmployer is committed to taking appropriate measures in creating and maintaining a professional workplace that is respectful, demotion professional and free from inappropriate behavior pursuant to Agency policy or suspension of the Statewide Maintaining a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen Professional Workplace Policy (15) calendar days from the effective date of the action#50-010-03). C. Where discharge may be contemplated, a Section 4. A written predismissal pre-dismissal notice shall be given to a regular status employee employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency or his/her designee at a place, time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative an official representative present. At the discretion of the OSFMAgency, the employee may be suspended with or without pay, reassignedconsistent with the salary status requirements of the FLSA, or be allowed to continue their work to work, as specified within in the predismissal pre-dismissal notice. Section 5. Should Any unauthorized absence of an employee from duty shall be suspended deemed to be an absence without paypay and may be grounds for disciplinary action. Any employee who absents himself/herself for five (5) consecutive work days without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Agency by a subsequent approval of leave with or without pay consistent with the salary status requirements of the FLSA, the employee will first be afforded notice and right when extenuating circumstances are found to present mitigating circumstances to the Appointing Authority or designeehave existed. D. Discharge Section 6. An employee suspended or dismissed under the provision of this Article must submit a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department Superintendent or designee within ten (10) days of the date a notice of the action is delivered in person to the employee or fourteen (14) days of the date the notice is placed in U.S. certified mail to the most recent address of record. Concurrently, a notice will be mailed to the Union. No employee shall be subject to disciplinary action or separation for: A) Disclosure, not prohibited by law, of violation of laws, rules, other improper actions or inefficiency of superior officers or fellow employees. B) Adherence to the Nurse Practice Act (ORS 678.301 - 678.410). C) Adherence to the Oregon Administrative Services Labor Relations UnitRules Chapter 851 established by the Board of Nursing pursuant to the Nurse Practice Act. Section 7. Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union Xxxxxxx or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay.

DISCIPLINE AND DISCHARGE. A. Section 1. Progressive discipline shall normally consist of a step of informal discipline (a verbal) which may be noted in a supervisory file followed by formal steps of discipline (written reprimand, suspension, termination, reduction in pay or vacation account, or demotion) which shall be placed in the employee’s personnel file. If the formal discipline cites a rule or policy that has been violated, copy of the rule or policy will be made available to the employee upon request. The principles of progressive discipline shall be used except when appropriatethe nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. No A regular status FLSA-non exempt employee who has completed the initial trial service period shall may be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA-exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reductionFLSA, demotion reduced in leave accrual, demoted, or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the actiondismissed only for just cause. C. Where discharge may be contemplated, a Section 2. A written predismissal notice shall be given to a regular regular-status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Appointing Authority or his/her designee at a time and date set forth in the notice notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless an earlier time is receivedrequested by the employee and agreed to by the Program. The employee shall be permitted to have a Union Representative an official representative present. At The Appointing Authority may suspend the discretion of the OSFM, employee with pay or without pay or the employee may be suspended with or without pay, reassigned, or be allowed to continue their work work, as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice Employees who are duty stationed and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge who work alternate schedules on weekends of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.two

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall be used when appropriateused. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Labor Relations within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Section 5 to Section 9 of Article 13 (Grievance Procedure). b. An FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- FLSA exempt employee demoted or suspended for safety violations consistent with the salary basis requirement requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP Step 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). C. Where discharge may be contemplated, a Section 3. A written predismissal predisciplinary notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Department Head at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative an official council representative present. At the discretion of the OSFMDepartment Head, the employee may be suspended with or without pay, reassigned, pay or be allowed to continue their to work as specified within the predismissal predisciplinary notice. Section 4. Should If the Department has reason to discipline an employee, it shall be done in a manner which will not embarrass or humiliate the employee in front of other employees or the public. Section 5. Unauthorized absence of an employee from duty shall be suspended deemed to be without paypay and may be grounds for disciplinary action by the Department. Employees may be allowed to cover such absences with accrued vacation or compensatory time if extenuating circumstances exist. Any employee who is absent for five (5) consecutive workdays without authorized leave shall be deemed to have resigned unless prevented from notifying the Department due to circumstances beyond their control. Section 6. All notices of predisciplinary, suspension, reduction, written reprimand, demotion and dismissal shall be forwarded to the Union on the same day as the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designeeis notified. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall be used except when appropriatethe nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. No A regular status FLSA non-exempt employee who has completed the initial trial service period shall may be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reductionFLSA, demotion reduced in leave accrual, demoted, or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the actiondismissed only for just cause. C. Where discharge may be contemplated, a Section 2. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Appointing Authority or his/her designee at a time and date set forth in the notice notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless an earlier time is receivedrequested by the employee and agreed to by the Division. The employee shall be permitted to have a Union Representative an official representative present. At The Appointing Authority may suspend the discretion of the OSFM, employee with pay or without pay or the employee may be suspended with or without pay, reassigned, or be allowed to continue their work work, as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge a. The dismissal of a regular status employee may be appealed by the Union directly to STEP 3the Department of Administrative Services, Labor Relations Division, pursuant to Article 15, Section 5. The appeal must state the reason reasons for the appeal with sufficient specifics E. and be submitted to the Labor Relations Division in writing within ten (10) calendar days from the effective date of the dismissal. If the grievance is not resolved at the Director levelat level and properly appealed to arbitration pursuant to the grievance procedure, such appeal shall be heard by the Union arbitrator within fifteen (15) calendar days after its receipt, and the final decision and order of the arbitrator shall (if it chooses to appeal) file, in writing, for arbitration be made within fifteen (15) calendar days following the date close of the STEP 3 response was due hearing. b. A FLSA non-exempt employee reduced in pay, demoted, or receivedsuspended shall receive written notice of the discipline with the specific charges and facts supporting the discipline. A FLSA exempt employee who is demoted, suspended without pay consistent with the salary status requirements of the FLSA, or reduced in leave accrual shall receive written notice of the discipline with the specific charges and facts supporting the discipline. Where discipline is imposed as reduced leave accrual, such action shall be equivalent to a reduction in pay for a non-exempt employee (if the leave is reduced to .5 hour, the agency can round up and if less than .5 hour, the agency can round down). The appeal must state reduction of pay, reduction in leave accrual, demotion and/or suspension of a regular status employee may be appealed to Step 3 of the reason for Grievance Procedure within ten (10) calendar days from the effective date of the action. If the appeal with sufficient specifics to process is not resolved at Step 3, the grievance and must be submitted in writing Union may appeal the action to the Department of Administrative Services Services, Labor Relations UnitDivision within fifteen (15) calendar days after receiving the response from the Division. The Labor Relations Division shall respond to the grievance within fifteen (15) calendar days. If the grievance is unresolved, the Union may submit the issue to arbitration within fifteen (15) calendar days after receiving the response from the Labor Relations Division. c. Trial service removals shall not be subject to Article 15 (Grievance Procedure) or this article. Section 4. It is the intent of the Division that discipline not be administered in the presence of other employees or the public, whenever possible.

DISCIPLINE AND DISCHARGE. A. Progressive discipline Disciplinary actions instituted by the Employer shall be used when appropriatefor reasons based upon the employee's failure to fulfill his/her responsibilities as an employee. No employee who has completed Where the initial trial service period Employer believes just cause exists to institute disciplinary action it shall be disciplined have the option to assess the following penalties: Oral Reprimand Written Reprimand Suspension Discharge Any disciplinary action or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status measure other than an oral reprimand imposed upon an employee may be appealed directly through the grievance procedure. The employee may file a written reply to STEP 2 any oral reprimand. If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Any disciplinary action taken against a probationary employee shall not be subject to 16.2E below or to the grievance procedure. B. The Employer agrees that employees shall be disciplined and discharged only for just cause. A copy of all suspension and discharge notices shall be provided to the Union. Discharge and disciplinary suspensions shall be subject to review under the grievance procedure up to and including arbitration. Disciplinary actions shall be subject to review under the grievance procedure only. Such review procedures are in lieu of and expressly supersede and preempt the employee notification and appeal procedures specified in Chapter 25.1 of the Grievance Procedure Municipal Code and must any City of Chicago Personnel Rules. Such contractual review procedures shall be within fifteen (15) calendar days from the effective date sole and exclusive method of the reviewing all disciplinary action. C. Where discharge may Any employee found to be contemplatedunjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights, benefits and conditions of employment, without prejudice, unless a written predismissal notice lesser remedy is agreed-upon as a grievance settlement or deemed appropriate by an Arbitrator. D. Disciplinary actions recorded in the employee's personnel files shall not be used after twelve (12) months to justify subsequent disciplinary action except for a related offense. E. The Employer shall conduct disciplinary investigations when it receives complaints or has reason to believe an employee has failed to fulfill his responsibilities as an employee and just cause for discipline exists. It is understood that polygraph examinations will not be used by the Employer in any phase of disciplinary investigations. Prior to taking any final, disciplinary action and concluding its investigation, the Employer shall notify the employee of the contemplated measure of discipline to be imposed, and shall meet with the employee involved and inform him/her of the reasons for such contemplated disciplinary action. Copies of the following documents shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissedat this notification and review meeting: 1. The employee shall be afforded an opportunity to refute such Allegation of violations of Rules & Regulations 2. Statement of charges or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee.specifications D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or receivedEmployee's initial statement of facts 4. The appeal must state the reason for the appeal with sufficient specifics to process the grievance Acknowledgment of notification and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.review

DISCIPLINE AND DISCHARGE. A. Progressive discipline Section 1 Any employee who is to be sent home or disciplined by a layoff or discharge shall be used when appropriate. No advised by the Company that he may request and obtain the presence of the Grievance Representative or the xxxxxxx for his department to discuss the case with him before he is required to leave the plant. Section 2 Any employee who is to be interviewed for purposes of an investigation which could lead to the employee's discipline, after he has completed been sufficiently informed of the initial trial service period subject of the interview shall be advised by the Company that he may request and obtain the presence of the Grievance Representative or the xxxxxxx for his department during such interview. If, as a result of such interview, a grievance is filed by the employee, the grievance shall be submitted to the grievance procedure beginning at the second step of the grievance procedure. If a written complaint or memorandum of discipline is made in an active employee’s personnel file, a copy of such notation shall be submitted to the Grievance Representative and employee concerned. 1. Employees with seniority will not be disciplined or dismissed discharged without just and sufficient cause. The Company will notify the Union Office and Grievance Representative in writing of any discharge within two (2) working days (Monday through Friday). A copy of the written notice shall also be provided to the employee. A failure to comply with this Section will only result in an automatic extension of the time in which a grievance may be filed which extension shall be for a like period as the delay. B. An employee reduced 2. A grievance regarding discharge for insufficient cause shall be made in paywriting, demotedsigned by the discharged employee, and shall be delivered to the Human Resources Department within five (5) working days after the discharge or suspended shall receive within five (5) working days after the Union Office and Grievance Representative have been given written notice of the discharge. Such grievance shall be a proper matter for the grievance procedure starting at the third step. Employees found to have been unjustifiably discharged, shall be reinstated to their job with full seniority. If the arbitrator determines that back-pay is warranted he shall determine the back-pay period. Grievances with respect to discipline and other than discharge shall be handled starting at the second step of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the actiongrievance procedure. C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed discharged without just cause. B. An . Disciplinary action may be taken against any employee reduced when it is believed that the employee is not conforming to the letter or spirit of the Board policies and rules and/or Emergency Services policies and rules; or to specific instructions given to him; or has acted improperly, dishonestly, immorally, illegally; or has violated any Board rules, regulations, policies, and procedures. All discipline will be corrective in payintent and progressive in nature. Depending on the seriousness of the matter, demoteddisciplinary action against employees shall be in following forms: Informal verbal reprimand by the Chief of Emergency Services or designee Written reprimand from the Chief of Emergency Services or designee Docking of Annual Leave time by the Chief of Emergency Services or designee Suspension from duty with pay by the Board, Chief of Emergency Services or suspended shall receive designee Suspension from duty without pay by the Board, Chief of Emergency Services or designee Demotion of employee by the Board Discharge from duty by the Board Where the Board or designee intends to impose discipline, written notice of the such discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status the employee against whom a charge is presentedprior to imposition of said penalty. Such notice shall include contain a reasonable specification of the known complaintsnature of the charge, facts a general description of the alleged acts and/or conduct upon which the charge is based and the nature and extent of discipline. The name of the employee, who is notified of disciplinary action, shall be transmitted to the Union within seventy-two (72) hours after such notice. It will not be necessary to provide written notice if immediate disciplinary action is warranted, such as a gross violation of law. A hearing may be held to investigate the charges prior to imposition of discipline or discharge. At least seven (7) days before hearing, the employee and the Union shall be notified in writing of the charges, and a statement that the employee may time and place of the hearing. No tape recording of such procedure shall be dismissedmade without notification to the employee. There shall be no presumption of guilt. The employee shall have the right to be afforded an opportunity to refute such charges accompanied and represented by the Union and / or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is receivedlegal counsel. The employee shall also have the right to be permitted accompanied and represented by the Union and /or legal counsel during any questioning concerning charges, which takes place prior to have a hearing. The employee and the Union Representative present. At the discretion shall be entitled to a copy of the OSFMtranscript and/or the tape from the hearing at no cost. Substantial failure to conform with the requirements of this article shall render the discipline or discharge null and void. Any written reprimand will remain in the employee's permanent file. If, after a period of one year from the date that written reprimand was filed, the employee may has not been disciplined for any matter, similar or otherwise, said written reprimand shall be removed from the employee's file and turned over to the employee. Any employee who is indicted for a crime shall be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved pay at the Director level, discretion of the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations UnitBoard.

DISCIPLINE AND DISCHARGE. A. Progressive The principles of progressive discipline shall be used except when appropriatethe nature of the problem requires more serious discipline. Depending on the seriousness of the problem, progressive discipline can include the following steps: written reprimand, suspension, demotion, reduction in pay or discharge. No regular status employee who has completed the initial trial service period shall be disciplined or dismissed discharged without just cause. An employee has the right to challenge discipline (excluding discharge) in accordance with the Grievance Procedure in this Agreement. Discharge may only be challenged at Step 3 of the Grievance Procedure. B. An FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- Consistent with the salary basis requirements of the FLSA, an FLSA exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. A copy of this notice shall also be sent to the Union. The reduction, demotion or suspension of a regular status employee may must be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the date of notice or the effective date of the actionaction whichever is earlier. Any further appeal of such action shall follow the Grievance Procedure outlined in this Agreement. C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency's Director at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFMAgency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may only be appealed by the Union directly to STEP Step 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action.of C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specificsspecifics to process the grievance and must be submitted in writing to the Director or designee with fifteen (15) calendar days from the effective date of the discharge. E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate1. No employee who has completed the initial trial service period shall be disciplined or dismissed without Regular employees may, in good faith for just cause. B. An employee reduced in pay, demotedbe subject to disciplinary action by written or oral reprimand, suspension, discharge, or suspended demotion. Such action shall receive take effect only after the supervisor gives prior written notice of the action and cause to the regular employee, except in the case of oral or written reprimand. Oral or written reprimands may be given at the initial meeting with the employee regarding discipline, if the Authority has already determined such discipline and is warranted after the investigation. Any regular employee who is disciplined (except for oral warnings) will receive a written statement of the specific charges supporting and allegations that the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with Authority will rely on to support the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the decision to discipline. The reduction, demotion or suspension of Association shall be notified that the regular employee has been disciplined and sent a regular status employee may be appealed directly to STEP 2 copy of the charge at the time the regular employee is notified unless the regular employee objects. 2. Any regular employee in the bargaining unit who is disciplined in writing, demoted, suspended, or discharged shall have the right to appeal the action through the Grievance Procedure and must be within fifteen Procedure. The Association shall submit such grievance at Step 1 of the procedure not later than ten (1510) calendar working days from after the effective date of disciplinary action. The Grievance Procedure shall be the actionsole and exclusive procedure for the resolution of discipline and discharge disputes. C. Where discharge 3. If the Authority has reason to counsel, reprimand or discuss a regular employee's need to correct deficiencies, every reasonable effort will be made to accomplish this in a manner that will not embarrass the regular employee before other employees or the public. 4. When the employer believes there is just cause for discharge, the regular employee and the Association will be notified in writing at the time the action is taken that the regular employee is subject to discharge. Such notification shall state the reasons for which the employee is being discharged. The employer shall provide the regular employee with an opportunity to respond to the charges at an informal pre-dismissal hearing, which may be contemplatedrecorded, a written predismissal notice with the person or persons having the authority to impose or revoke the disciplinary action. The regular employee shall be given entitled to have a representative of their own choosing at the pre-dismissal hearing for the purpose of providing advice and counsel to the regular status employee against whom a charge is presentedemployee. Such notice shall include the known complaints, facts and charges, and a statement that the The regular employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM granted additional time, at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFMemployer, to prepare for the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designeepre-dismissal hearing. D. Discharge of a regular status 5. Any probationary employee may be appealed by in the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance bargaining unit who is not resolved at the Director level, the Union shall (if it chooses to appeal) file, disciplined in writing, for arbitration within fifteen (15) calendar days following demoted, suspended, or discharged shall have the date right to utilize Steps 1, 2, and 3 of the STEP 3 response was due or receivedgrievance procedure described in Article XI. The appeal must state determination at Step 3 shall be the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unitfinal determination.

DISCIPLINE AND DISCHARGE. A. Progressive The principles of progressive discipline (Verbal Warning or Verbal Reprimand, Written Reprimand, Salary Reduction and Discharge) shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. Verbal reprimands or warnings are not subject to the grievance or arbitration procedure. A work plan is not discipline but may be used in conjunction with disciplinary action. B. An employee reduced in pay, demoted, suspended or suspended dismissed shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- exempt employee employees demoted or suspended for safety violations consistent with the salary basis requirement requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion demotion, suspension or suspension dismissal of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal pre-dismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, a copy of the investigation and all supporting documentation, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency's Director at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union an Association Representative present. At the discretion of the OSFMAgency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal pre-dismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive The principles of progressive discipline shall be used except when appropriatethe nature of the problem requires more serious discipline. Depending on the seriousness of the problem, progressive discipline can include the following steps: written reprimand, suspension, demotion, reduction in pay or discharge. No regular status employee who has completed the initial trial service period shall be disciplined or dismissed discharged without just cause. An employee has the right to challenge discipline (excluding discharge) in accordance with the Grievance Procedure in this Agreement. Discharge may only be challenged at STEP 3 of the Grievance Procedure. B. An FLSA-non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- Consistent with the salary basis requirements of the FLSA, an FLSA-exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. A copy of this notice shall also be sent to the Union. The reduction, demotion or suspension of a regular status employee may must be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action.of C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency's Director at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFMAgency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may only be appealed by the Union directly to STEP 33 of the Grievance Procedure. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Services, Labor Relations UnitUnit within fifteen (15) calendar days from the effective date of the discharge.

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall apply to disciplinary actions except when the Agency must take a more immediate action. A regular status FLSA-non-exempt employee may be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA-exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reductionFLSA, demotion demoted, or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the actiondismissed only for just cause. C. Where Section 2. Employees who have completed their initial trial service shall not be subject to suspension and/or discharge may be contemplated, a except for just cause. Section 3. A written predismissal pre-dismissal notice shall be given to a regular status employee employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency or his/her designee at a place, time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative an official representative present. At the discretion of the OSFMAgency, the employee may be suspended with or without pay, reassignedconsistent with the salary status requirements of the FLSA, or be allowed to continue their work to work, as specified within in the predismissal pre-dismissal notice. Section 4. Should Any unauthorized absence of an employee from duty shall be suspended deemed to be an absence without paypay and may be grounds for disciplinary action. Any employee who absents himself/herself for five (5) consecutive work days without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Agency by a subsequent approval of leave with or without pay consistent with the salary status requirements of the FLSA, the employee will first be afforded notice and right when extenuating circumstances are found to present mitigating circumstances to the Appointing Authority or designeehave existed. D. Discharge Section 5. An employee suspended or dismissed under the provision of this Article must submit a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department Superintendent or designee within ten (10) days of the date a notice of the action is delivered in person to the employee or fourteen (14) days of the date the notice is placed in U.S. certified mail to the most recent address of record. Concurrently, a notice will be mailed to the Union. No employee shall be subject to disciplinary action or separation for: A) Disclosure, not prohibited by law, of violation of laws, rules, other improper actions or inefficiency of superior officers or fellow employees. B) Adherence to the Nurse Practice Act (ORS 678.301 - 678.410). C) Adherence to the Oregon Administrative Services Labor Relations UnitRules Chapter 851 established by the Board of Nursing pursuant to the Nurse Practice Act. Section 6. Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union Xxxxxxx or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay.

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall be used when appropriateused. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Department of Administrative Services, Labor Relations Division within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Section 5 to Section 9 of Article 13 (Grievance Procedure). b. An FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- FLSA exempt employee demoted or suspended for safety violations consistent with the salary basis requirement requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP Step 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). C. Where discharge may be contemplated, a Section 3. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency's Director or designee at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.seven

DISCIPLINE AND DISCHARGE. A. Section 1. Progressive discipline shall normally consist of a step of informal discipline (a verbal) which may be noted in a supervisory file followed by formal steps of discipline (written reprimand, suspension, termination, reduction in pay or vacation account, or demotion) which shall be placed in the employee‘s personnel file. If the formal discipline cites a rule or policy that has been violated, copy of the rule or policy will be made available to the employee upon request. The principles of progressive discipline shall be used except when appropriatethe nature of the problem requires an immediate suspension, termination, reduction of pay, reduction in vacation accrual, or demotion. No A regular status FLSA-non exempt employee who has completed the initial trial service period shall may be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA-exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reductionFLSA, demotion reduced in leave accrual, demoted, or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the actiondismissed only for just cause. C. Where discharge may be contemplated, a Section 2. A written predismissal notice shall be given to a regular regular-status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Appointing Authority or his/her designee at a time and date set forth in the notice notice, which date shall not be less than seven (7) calendar days from the date the notice was received, unless an earlier time is receivedrequested by the employee and agreed to by the Program. The employee shall be permitted to have a Union Representative an official representative present. At The Appointing Authority may suspend the discretion of the OSFM, employee with pay or without pay or the employee may be suspended with or without pay, reassigned, or be allowed to continue their work work, as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice Employees who are duty stationed and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge who work alternate schedules on weekends of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.two

DISCIPLINE AND DISCHARGE. A. Progressive The principles of progressive discipline (Verbal. Written Reprimand, Salary Reduction and Discharge) shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. Verbal reprimands or warnings are not subject to the grievance or arbitration procedure are not subject to the grievance or arbitration procedure. A work plan is not discipline but may be used in conjunction with disciplinary action. B. An employee reduced in pay, demoted, suspended or dismissed shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- FLSA-exempt employee demoted or suspended for safety violations consistent with the salary basis requirement requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion demotion, suspension or suspension dismissal of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal pre-dismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency's Director at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFMAgency Director, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal pre-dismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. No SECTION 1: In the event an employee who has satisfactorily completed their probationary period and under the initial trial service period jurisdiction of the Union shall be disciplined discharged or dismissed without just causesuspended from their employment from and after the date hereof, and they believe they have been unjustly discharged or suspended, such discharge or suspension shall constitute a case arising under the grievance procedure, provided a written grievance with respect thereto is presented to the department head within three (3) regularly scheduled working days (Monday through Friday) after such discharge or suspension. Such grievances shall be processed starting at the Second Step of the grievance procedure. The County will make a xxxxxxx available at the time of discharge or suspension. B. An employee reduced in pay, demoted, or suspended shall receive written notice of SECTION 2: In the discipline and of event it should be decided under the specific charges supporting the discipline. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement grievance procedure that the employee was unjustly discharged or suspended, the County shall reinstate such employee and pay full compensation, partial or no compensation as may be dismisseddecided under the grievance procedure, which compensation, if any, shall be at the employee's regular rate of pay less such compensation as they may have earned at other employment or received as unemployment compensation during such period. SECTION 3: Discipline shall be imposed for "just cause" for all non-probationary employees. In imposing the discipline of discharge on a current charge, the County will not take into account any prior infraction, which occurred more than two (2) years previously. SECTION 4: Upon request, an employee shall have a union representative present at an investigatory meeting, which the employee believes could lead to disciplinary action. Unless otherwise requested an employee shall have a union representative present when they are disciplined. The employee union representative shall be afforded an opportunity allowed a brief period of time to refute such charges or present mitigating circumstances confer with the employee prior to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative presentdisciplinary meeting. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without paydisciplinary meeting, the employee will first be afforded notice and right provided an opportunity to present mitigating circumstances respond. Copies of disciplinary action will be provided to the Appointing Authority or designeeemployee and union representative before the disciplinary meeting ends. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- FLSA exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. C. Where discharge may be contemplated, a written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative present. At the discretion of the OSFM, the employee may be suspended with or without pay, reassigned, or be allowed to continue their work as specified within the predismissal notice. Should an employee be suspended without pay, the employee will first be afforded notice and right to present mitigating circumstances to the Appointing Authority or designee. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specificsspecifics to process the grievance and must be submitted in writing to the Superintendent or designee with fifteen (15) calendar days from the effective date of the discharge. E. If the grievance is not resolved at the Director Superintendent level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall be used when appropriateused. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. a. Discharge of a regular status employee may be appealed by the Union to binding arbitration. The appeal must state the reason for the appeal and must be submitted to the Department of Administrative Services, Labor Relations Division within ten (10) calendar days from the effective date of the discharge. Such appeal shall be heard by the arbitrator pursuant to the terms and conditions outlined in Section 5 to Section 9 of Article 13 (Grievance Procedure). b. An FLSA non-exempt employee reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the discipline. An FLSA- FLSA exempt employee demoted or suspended for safety violations consistent with the salary basis requirement requirements of the FLSA shall receive written notice of the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP Step 2 of the Grievance Procedure and must be within fifteen (15) calendar days from the effective date of the action. Any further appeal of an action specified in sub (b) shall follow the procedure and time frames outlined in Article 13 (Grievance Procedure). C. Where discharge may be contemplated, a Section 3. A written predismissal notice shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Agency's Director or designee at a time and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative an official representative present. At the discretion of the OSFMAgency Director, the employee may be suspended with or without pay, reassigned, pay or be allowed to continue their work as specified within the predismissal notice. Section 4. Should If the Agency has reason to discipline an employee it shall be suspended without pay, done in a manner which will not embarrass or humiliate the employee will first in front of other employees or the public. Section 5. Unauthorized absence of the employee from duty shall be afforded notice deemed to be without pay and right may be grounds for disciplinary action by the Agency. Employees may be allowed to present mitigating cover such absences with accrued vacation time or compensatory time if extenuating circumstances existed. Any employee who is absent for five (5) consecutive workdays without authorized leave shall be deemed to have resigned unless prevented from notifying the Employer due to circumstances beyond their control. Section 6. All notices of predismissal, suspension, reduction, written reprimand, demotion and dismissal shall be forwarded to the Appointing Authority or designeeUnion on the same day as the employee is notified. D. Discharge of a regular status employee may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) file, in writing, for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unit.

DISCIPLINE AND DISCHARGE. A. Progressive Section 1. The principles of progressive discipline shall apply to disciplinary actions except when the Agency must take a more immediate action. A regular status FLSA-non-exempt employee may be used when appropriate. No employee who has completed the initial trial service period shall be disciplined or dismissed without just cause. B. An employee suspended, reduced in pay, demoted, or suspended shall receive written notice of the discipline and of the specific charges supporting the disciplinedismissed only for just cause. An FLSA- A regular status FLSA-exempt employee demoted or may be suspended for safety violations consistent with the salary basis requirement status requirements of the FLSA FLSA, demoted, or dismissed only for just cause. Section 2. Employees who have completed their initial trial service shall receive written notice of the discipline and of the specific charges supporting the disciplinenot be subject to suspension and/or discharge except for just cause. Section 3. The reductionEmployer is committed to taking appropriate measures in creating and maintaining a professional workplace that is respectful, demotion professional and free from inappropriate behavior pursuant to Agency policy or suspension of the Statewide Maintaining a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen Professional Workplace Policy (15) calendar days from the effective date of the action#50-010-03). C. Where discharge may be contemplated, a Section 4. A written predismissal pre-dismissal notice shall be given to a regular status employee employees who have served their initial trial service period and against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances to the OSFM Appointing Authority or his/her designee at a place, time and date set forth in the notice which date shall not be no less than seven (7) calendar days from the date the notice is received. The Agency will email a copy of the notice to the Union Representative of record. The employee shall be permitted to have a Union Representative an official representative present. At the discretion of the OSFMAgency, the employee may be suspended with or without pay, reassignedconsistent with the salary status requirements of the FLSA, or be allowed to continue their work to work, as specified within in the predismissal pre-dismissal notice. Section 5. Should Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be grounds for disciplinary action. Any employee who absents himself/herself for three (3) consecutive work days without authorized leave shall be deemed to have resigned. Such absence may be authorized by the Agency by a subsequent approval of leave with or without pay consistent with the salary status requirements of the FLSA, when extenuating circumstances are found to have existed. Section 6. An employee suspended without payor dismissed under the provision of this Article must submit a grievance in writing to the Superintendent or designee within ten (10) calendar days of the date a notice of the action is delivered in person to the employee or fourteen (14) calendar days of the date the notice is placed in U.S. certified mail to the most recent address of record. The Agency will email a copy of the notice to the Union Representative. No employee shall be subject to disciplinary action or separation for: A) Disclosure, not prohibited by law, of violation of laws, rules, other improper actions or inefficiency of superior officers or fellow employees. B) Adherence to the Nurse Practice Act (ORS 678.301 - 678.410). C) Adherence to the Oregon Administrative Rules Chapter 851 established by the Board of Nursing pursuant to the Nurse Practice Act. A) Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union Xxxxxxx or an AFSCME Council Representative before the interview, but such consultation shall not cause an undue delay. B) Upon request, an employee and the employee’s representative may view any video recording that is used as evidence in any disciplinary action taken against an employee. C) If the investigation of an allegation of patient abuse is not completed within sixty (60) calendar days of the receipt of notice of investigation, the employee will first be afforded notice may request and right to present mitigating circumstances to shall receive a status update from the Appointing Authority Superintendent or designee. D. Discharge of a regular . Additional status employee updates may be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance requested and shall be provided as is not resolved at the Director levelreasonable and practicable, the Union shall (if it chooses to appeal) file, in writing, for arbitration within but no more than every fifteen (15) calendar days following the date the STEP 3 response was due or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unitdays.

DISCIPLINE AND DISCHARGE. A. Progressive discipline shall be used when appropriate. 30.1 No employee who has completed the initial trial service employment probationary period with the Department shall be disciplined subject to discipline or dismissed discharge without just cause. Unless otherwise warranted by circumstances, discipline normally shall be progressive, including oral reprimand, written reprimand, suspension, and discharge. Alternative forms of discipline (e.g. demotion, loss of overtime privileges, etc.) may be used when deemed more appropriate. Discipline shall normally be progressive, beginning with oral reprimand and proceeding to written reprimand, suspension, demotion, or discharge. Alternate forms of discipline may be used when deemed more appropriate. A variety of forms, such as Documented Counseling and Letter of Expectation, may be utilized to provide coaching and counseling to assist employees in being successful, and in such cases the employee will be invited to submit a written response. These documents are not discipline; however, the Department reserves the right to the use of such documentation to refute a claim that the employee did not have knowledge of a policy, rule, or procedure. B. An employee reduced in pay30.2 If the Department determines there is just cause for demotion, demotedsuspension or discharge, or suspended the Department shall receive provide the employee, with a copy to the Union, with written notice of the discipline proposed disciplinary action, the grounds for such action, and the right of the specific charges supporting employee to respond either orally or in writing to the disciplineperson initiating such action prior to implementing the proposed action. An FLSA- exempt employee demoted or suspended for safety violations consistent with the salary basis requirement of the FLSA shall receive Such written notice of shall be provided to the discipline and of the specific charges supporting the discipline. The reduction, demotion or suspension of a regular status employee may be appealed directly to STEP 2 of the Grievance Procedure and must be within fifteen at least ten (1510) calendar days from prior to the proposed effective date of the action. C. Where discharge may be contemplated30.3 Upon request of the employee, a written predismissal notice the Department shall be given to a regular status employee against whom a charge is presented. Such notice shall include the known complaints, facts and charges, and a statement that allow the employee may be dismissed. The employee shall be afforded an opportunity to refute such charges or present mitigating circumstances consult with a Union representative prior to the OSFM at a time interview and date set forth in the notice which date shall not be less than seven (7) calendar days from the date the notice is received. The employee shall be permitted to have a Union Representative presentrepresentative present during interviews or other disciplinary meetings with management representatives. At the discretion The role of the OSFMUnion representative at this meeting shall be as defined by the Employment Relations Board. However, 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 business, counseling, instruction, or other routine contact with a supervisor where discipline is not contemplated. 30.4 Documentation of discipline shall be placed in the employee's personnel file. After the timeframes indicated below, the employee discipline cannot be relied upon as the basis for progressive disciplinary action should another incident occur warranting discipline. However, exceptions may be suspended with made when justified by a clear pattern of disciplinary action. The Department reserves the right to the use of such documentation to refute a claim regarding the employee's overall employment record or without payto refute a claim that the employee did not have knowledge of a policy, reassignedrule, or procedure: a. If subsequent conduct occurs that leads to discipline of a written reprimand or greater during this period of time, all current disciplinary action may continue to be allowed relied on. b. Any expired discipline will not be considered by promotion boards or referred to continue their work as specified within the predismissal notice. Should in written performance evaluations. 30.5 No information that reflects critically upon an employee shall be suspended placed in a personnel file without paythe review and the signature of the employee. The employee’s signature confirms only discussion and presentation of the document to the employee, and does not indicate agreement or disagreement. The employee or the employee will first be afforded notice and union (with the employee’s signature) has the right to present mitigating circumstances attach a statement of rebuttal to any information placed in the Appointing Authority or designeepersonnel file. D. Discharge of a regular status employee may 30.6 No documentation regarding unfounded complaints shall be appealed by the Union directly to STEP 3. The appeal must state the reason for the appeal with sufficient specifics E. If the grievance is not resolved at the Director level, the Union shall (if it chooses to appeal) placed in an employee’s personnel file, used in writingreviews for promotion, referred to in written performance evaluations, nor relied upon as a basis for arbitration within fifteen (15) calendar days following the date the STEP 3 response was due discipline or received. The appeal must state the reason for the appeal with sufficient specifics to process the grievance and must be submitted in writing to the Department of Administrative Services Labor Relations Unitfuture disciplines.