Common use of DISCIPLINE AND DISCHARGE Clause in Contracts

DISCIPLINE AND DISCHARGE. 4.1 The Employer shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer Section 1. No employee shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause cause. The township must inform the employee of their right to union representation in writing prior to any meetings or questioning that may result in discipline. Section 2. During the first twelve (12) months of their employment with the Fire Department, all employees are considered to be probationary employees, Section 3. Any employee may be disciplined for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, neglect of duty, conviction of criminal charges, misfeasance, malfeasance, nonfeasance, discourteous treatment of the public, failure to pay just debts, violation of the Xxxxxx Township Fire Department Rules, Regulations, general or special orders, and any other failure of good behavior, or an accumulation of minor infractions Section 4. Discipline shall be accomplished in a constructive, progressive manner, so as to rehabilitate and correct an offender. Discipline is not intended to be punitive in nature. Section 5. The types of disciplinary actions that may be taken will include documented warning, documented verbal, written reprimand, suspension without recourse pay, and demotion in rank or dismissal/termination. The type of disciplinary action taken shall be consistent with the severity of conduct and whether it is a repeat offense. Section 6. No employee shall be disciplined without first meeting with their immediate supervisor. No employee shall be demoted, or dismissed without the Chief first meeting with the employee. In special cases, such as an employee’s gross misconduct which conduct (a) endangers the health and safety of any Township employee, citizen or visitor to the Grievance and Arbitration procedure set forth in Article 25.Township or (b) subjects the Township to civil or criminal liability of any form, or (c) the Chief or Board of Trustees feel could prevent the Township from providing services to the 4.2 The Employer shall A. Discipline above that of a written reprimand requires that: 1. Written notice be free given to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through of the discipline process charges against him and been given the opportunity to correct his/her behavior. Warning notices shall be issued evidence upon which they are based within ten (10) working days after the Employer knew or should have known of management's knowledge of the offensealleged incident. 2. A copy hearing before the Fire Chief and a neutral and detached administrator, who was not involved in any of the warning shall be sent events giving rise to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permitsuspension, shall be removed from held within ten (10) working days of the jobnotice provided in paragraph one of this subsection. This administrator shall be appointed by the township administrator or their designated representative. The employee will then shall be offered afforded, at the first available job hearing, a fair opportunity to be heard in opposition to the charges against him including the right to question witnesses. 3. The employee has a right to have with him two (2) IAFF representatives of his choosing. 4. Following the hearing, the neutral administrator shall issue a written decision setting forth his/her findings and issuing the discipline imposed, if any. 5. The employee shall be informed of the neutral administrator’s decision and the reasons for which it in writing within ten (10) working days of the hearing. 6. The employee is qualified that becomes available within may waive the same dispatch areapre-suspension hearing. If the employee refuses grieves the first available job for which the employee is qualified and which is located in his/her geographic areasuspension without pay, he/she may be permanently removed from the payroll. Discharge under this Article for failure such grievance will proceed directly to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or Step 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business grievance procedure in Article Ten (10) of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membershipthis agreement. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer shall Section 1. No employee, after having completed their probationary period, will be free to discharge employees for refusal to obey lawful ordersdischarged, in competency, misrepresentation, intoxicationsuspended without pay, or any subjected to other disciplinary action without just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without In association with disciplinary action, the Employer will generally conduct an investigation consistent with customary just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 25processes before termination. 4.2 The Employer shall be free Section 2. Under normal circumstances, the Employer, in order to vary the discipline with the circumstances, may utilize any employee who commits an infractionor all of the following in order to maintain order and efficiency of the operation, which, while not being sufficient and to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless allow the employee has progressed through the discipline process and been given the an opportunity to correct his/her behaviorthe deficiency: coaching, written warning, suspension, and termination. Section 3. Warning notices shall Employees may be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent subject to the Union. Each warning notice shall contain a place immediate discharge for the employee to sign to acknowledge receipt without admitting guilt; upon following reasons: stealing, drinking alcohol while on duty or reporting for duty under the Employee signing influence of alcohol, illegal possession or use of a copy controlled substance, possessing a lethal weapon, fighting while on duty, destruction of hospital or Employer property, willful misconduct, sleeping on the warning job or disciplinary notice as acknowledgement other conduct of receipt, the Employer shall give the employee a copy of the warning similar nature or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of disciplineseriousness. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenantsSection 4. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination in writing of any discharge or suspension within forty-eight (48) hours of the discharge or suspension. The Employer will notify the Union in writing of any disciplinary action, including discharge or suspension within forty‐eight (48) hours of such disciplinary action being taken. Any employee under paragraphs 1 or 3 abovewho has been suspended pending investigation, shall receive a decision from the Employer by the fifteenth (15th) working day from the date of the suspension pending investigation. This time period may be extended by mutual agreement of the parties. Such requests will not be unreasonably denied by the Union. 4.6 The employee Section 5. Warning notices will become null and the Union recognize void after one (1) year, provided that the customer is the ultimate consumer and ultimately controls the access employee has no other disciplinary actions within that period. Section 6. The Employer shall make a reasonable attempt to issue notices of the employee, and the business disciplinary actions within thirty (30) days of the Employer’s knowledge of the infraction. When The Employer may request an extension of this time from the Union for reasons which include, but are not limited to, a security related incident occurs on a job site that is prolonged investigation, employee or can reasonably Employer unavailability, etc. The extension of this time will not be construed as injurious to that customer, the employee, unreasonably denied by the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer 9.01 No employee shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause cause. 9.02 The Company and/or Owners Group shall provide the driver and without recourse the Union with written notice(s) of any discipline taken against a driver or the bargaining unit within thirty (30) business days of the incident giving rise to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer discipline, except for credit/debit card and/or taxi chit fraud which shall be free within sixty (60) business days of the incident giving rise to discipline any employee who commits an infractionthe discipline, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed or the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices penalty shall be issued within ten (10) days after null and void; and further, except where if the Employer knew or should have known driver has been charged with a criminal offence and this comes to the attention of the offenseCompany and/or Owners Group at any time. A copy By mutual agreement of the warning parties, a minimum of one day per week shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid scheduled for the purpose of disciplineinvestigating complaints or allegations which may result in discipline to a driver. A shop xxxxxxx or Union representative shall be in attendance. Notwithstanding the foregoing, the Company and/or the Owners Group may initiate an investigation at any time if either deems the issue to be of a serious nature. Should the investigation involve an interview of a driver, the driver shall be entitled to Union representation. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge 9.03 Discipline shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer applied uniformly and clearly communicated disciplinary measures shall be appropriate to the employee cause and subject to the principle of progressive discipline. Disciplinary measures shall be determined by a joint committee made up of equal numbers of Union and Company personnel and in case of disagreement the issue may be referred to arbitration. 9.04 Where a driver is involved in a dispute at a Company concession, the Union and the Company shall jointly use their best efforts to resolve the dispute with the Concessionaire within fourteen (where such failure 14) days of the incident or other time frame upon mutual agreement between the Union and the Company. If the Company and the Union are unable to comply constitutes serious misconduct or creates resolve the dispute to their satisfaction and cannot agree whether the Concessionaire was at fault, they agree to put the issue before an independent third party to decide this issue. If it is agreed that the Concessionaire was at fault, and the Union notifies the Company in writing that the drivers will not service that concession, the Company will notify the Concessionaire that the Drivers/Company will not service that concession. 9.05 Notwithstanding article 25, a safety concern), use of unnecessary force or disrespectful treatment grievance concerning a discharge of a tenant; visitor or employee and inability or unwillingness to driver must be trained to fulfill existing or modified security needs filed within six days of the Employer, letter of discharge to the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs Member of the State of California Owners Group responsible or any other governmental agencyperson designated the Member of the Owners Group and must be heard at step 2 within six (6) working days of the Union having filed the grievance. Employees who have renewed their registration and document this Such grievance may be settled by: i) Confirming the discharge; ii) Reinstating the driver with a receipt or similar proof no loss of seniority and/or with compensation as determined by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by parties; iii) By any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for other arrangement which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a licensedeemed just and equitable, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.or;

DISCIPLINE AND DISCHARGE. 4.1 ‌ 1. Notice of warning, suspension or discharge must be in writing and dated. 2. As a condition precedent to any suspensions or discharges, the District must have given the employee a written warning notice wherein facts forming the grounds of the District's dissatisfaction are clearly set forth. The Employer facts therein set forth must be of the same type as those upon which the suspension or discharge is founded. Warnings, suspensions or discharges must be given by registered or certified mail or personally with a written acknowledged receipt. 3. Copies of all warning notices, suspensions or discharges shall immediately be forwarded to the Union. 4. Warning notices not given and suspensions and discharges, except as hereinafter provided, not executed within fifteen (15) working days of any given incident are null and void. Warning notices given within fifteen (15) working days of any given incident shall be free to discharge employees null and void for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to purposes of progressive discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary actionafter nine (9) months. However, no employee who has completed such notice(s) may be retained by the probationary period will be discharged for offenses, which do not in District and used as evidence of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behaviora pattern of misconduct and/or evidence of notice. 5. EXCEPTION: Warning notices shall are not necessary for grounds such as, but not limited to, dishonesty, recklessness, insubordination, carrying unauthorized passengers while operating District vehicles, possession, sale or use of dangerous drugs or narcotics or drinking related to employment, no show/no call for three (3) or more work days. Such discharges or suspensions must be issued executed within fifteen (15) working days of the occurrence of the incident forming the grounds. However, if the District's knowledge of the incident is not immediate, a discharge or suspension founded thereon must be executed within fifteen (15) working days of the time the District acquires knowledge of same. Dishonesty includes, but is not limited to: stealing time, materials, money or equipment. 6. Discharges or suspensions under the foregoing exceptions must not be founded on evidence secured directly or indirectly through entrapment. Further, except for surveillances by on- duty officers of the law, discharges or suspensions, under these exceptions, based on reckless driving, must not be founded upon evidence secured directly or indirectly through surveillance. 7. Any employee(s) has the right to request an investigation, by the Union, of any warning notice, suspension or discharge provided such request is made within ten (10) calendar days after of receipt of same, otherwise the Employer knew right to request an investigation is waived. The day of receipt of warning notice, suspension or should have known discharge shall be excluded in figuring time. If the tenth (10th) day falls on a Saturday, Sunday or holiday, the next following normal day of work shall be considered the tenth (10th) and last day. 8. Grievances arising as a result of any such investigation shall be settled in accordance with provisions of the offense. A copy Settlement of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of disciplineGrievances Article. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants9. The Union further understands and agrees that the Employer provides an important service ability to its tenants work regularly is a condition of a personalized nature to fulfill their security needscontinued employment. However, as those needs are perceived by the Employerthis provision shall not supersede any other provision of this Collective Bargaining Agreement or Federal, the building owner and the tenantsState or Municipal law. 10. Accordingly, the All provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, are subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure just cause provision of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee1, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.Section C.

DISCIPLINE AND DISCHARGE. 4.1 ‌ 16.01 The Employer shall be free to not discipline, suspend or discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged an Employee without just cause and without recourse to sufficient cause. 16.02 The Employer recognizes the Grievance and Arbitration procedure principle of progressive discipline by adopting the procedures set forth in Article 25this Article. 4.2 16.03 The Employer recognizes that an oral reprimand or a written warning should precede suspension or discharge, except in the case of gross neglect of duty, position abandonment, or gross misconduct, and that an Employee shall be free given a set and reasonable time period in which to discipline any employee who commits an infractiondemonstrate the required sustained improvement in the area of concern. 16.04 Discipline, whichwhere warranted, while not being sufficient to constitute just cause shall only be imposed at a meeting with the Faculty Supervisor or a person designated by the Employer convened for discharge, is sufficient to warrant some lesser disciplinary actionthis purpose. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices Employees shall be issued within ten given seventy-two (1072) days after hours notice of such meeting. Such notice shall be in writing, shall contain the Employer knew or should have known of allegations giving rise to the offensemeeting, and shall advise Employees that they are entitled to be accompanied at this meeting by a Union Representative. Employees are entitled to be heard at such meeting, and shall be entitled to append comments to any disciplinary letter. 16.05 A copy of the warning any disciplinary letter shall be sent provided by the Faculty Supervisor to the UnionUnion within three (3) days of such a meeting. 16.06 Employees shall have the right to review their employment file once per year by submitting such request in writing to Human Resource Services. Each warning notice shall contain An appointment to review the file will be arranged within five (5) working days of receipt of such request. The Employee may be accompanied by a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing Union Representative if he or she so wishes. 16.07 Upon request, a copy representative of the warning or disciplinary notice as acknowledgement Union shall have the right to examine the personnel file of receiptan Employee in the latter’s absence, if such representative has the Employer shall give the employee a copy necessary form from Human Resources Services with an original signature of the warning or disciplinary notice. Warning or disciplinary notices may not Employee. 16.08 Records of discipline shall be considered as a part of the Employerremoved from an Employee’s discipline process after file twelve (12) months and from the date of such discipline, provided that no further discipline has been recorded within that period; or shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by removed at the end of the BSIS grace periodtheir employment, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and whichever is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25earlier. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer shall Section 1. No employee will be free to discharge employees for refusal to obey lawful ordersdischarged, in competencysuspended, misrepresentation, intoxicationdisciplined, or any otherwise penalized without just cause. An If the Employer believes that an employee's job performance has become unsatisfactory, the Employer will so notify the employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to will document such notice in the Grievance and Arbitration procedure set forth in Article 25. 4.2 employee's personnel file. The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing provide a copy of the warning any such notices or other disciplinary notice as acknowledgement of receipt, the Employer shall give actions to the employee a copy of and the warning Union upon request. Section 2. No warnings or disciplinary notice. Warning or disciplinary notices may not reprimands shall be considered as a part for the purpose of the Employer’s discipline process progressive disciplinary action after twelve (12) months and shall be no longer valid for from the purpose date of disciplinethe warning or reprimand, with the exception of sexual harassment, harassment, work place violence or other serious offense. 4.3 Section 3. In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, : unlawful use or unlawful possession of controlled substances, ; intoxication, ; insubordination, ; theft, ; excessive absenteeism, ; sleeping on the job; gross negligence, ; violence in the workplace; a serious instance of sexual harassment; possession of firearms unless authorized by the Employer; loss of or failure to comply with reasonable rules, policies renew Permanent Employee Registration Card (PERC) or directives promulgated by failure to notify the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern)of loss of PERC, use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees provided that the Employer provides an important service shall permit the Employee thirty (30) days to its tenants of renew his or her PERC Card, during which time the employee shall not be permitted to work, nor be eligible for back pay or other compensation, and the employee shall be considered to have resigned if the PERC card is not regained within the thirty (30) days. In the event the Employee does get a personalized nature to fulfill their security needs“replacement PERC card” and/or renews his/her PERC card within the thirty (30) days, as those needs are perceived the employer shall reinstate the employee with full seniority; all replacement PERC card costs shall be paid by the Employer, the building owner and the tenantsemployee. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 (a) The Employer parties agree that the standards of just cause for imposition of discharge or disciplinary suspension are not the same as the standards required by law arising out of the alleged commission of crimes. Therefore, any discharge or disciplinary suspension shall be free based upon the standards of just cause, independent of the issuance of or the lack thereof of a criminal complaint. The Union acknowledges that the Employer may temporarily transfer an employee or change their work duties, without loss of pay or benefits, pending investigation of alleged misconduct, whether there are criminal allegations or not, if in the Employer's opinion, such action is warranted due to the public duties or interest involved. Furthermore, the Union acknowledges that the Employer has the right to suspend an employee, with or without pay, pending an investigation. If the investigation reveals no misconduct resulting in disciplinary action, the employee shall be made whole. (b) For informational purposes, the Employer agrees to mail and/or email, when possible, during the normal course of business to the Union’s Unit President or designee and Union office notice of all discharges or disciplinary suspensions. (c) Discipline will be of a corrective/progressive nature, (example: verbal, written, suspension, etc.) except nothing shall prevent the Employer from taking immediate and appropriate disciplinary action including discharge employees should it be required by the circumstances. (d) Disciplinary action will be taken for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An In the event that disciplinary action results in loss of pay or discharge, the employee who has not completed his or her probationary period may will be disciplined or discharged without just cause informed of their right to be represented by their xxxxxxx at the time the disciplinary action is imposed. All disciplinary action is to be in writing stating the reasons for such action and without recourse provided to the Grievance and Arbitration procedure set forth in Article 25employee. 4.2 The Employer shall be free to (e) In imposing discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain on a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receiptcurrent charge, the Employer shall give will not take into account any prior verbal or written warnings more than eighteen (18) months old nor any prior disciplinary suspension more than thirty (30) months old, provided the employee a copy is free of discipline during such periods. If an employee remains free of discipline, the employee may request in writing of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s Human Resources Director that all prior discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job their personnel file (after eighteen [18] months for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job verbal and written warnings and thirty [30] months for which the employee is qualified disciplinary suspensions) and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of placed into the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membershipconfidential file. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer shall be free to discharge employees 15.1 If an employee is written up by a supervisor for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices it shall be issued done so within ten twenty-one (1021) working days after of the later of the date on which the Employer knew or should have known becomes aware of the offensefacts and circumstances giving rise to the infraction or the date on which the Employer’s representative with authority to act determines such infraction has, in fact, occurred. A copy If a bargaining unit employee is disciplined, they shall have the right to have a xxxxxxx present at the disciplinary meeting. 15.2 Copies of the warning all final disciplinary notices shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination issuance and placed in the Employee’s personnel file. All such notices and warnings shall become null and void twelve(12) months from the date of any employee under paragraphs 1 issue unless the Employee has received another notice, warning, or 3 abovediscipline of a similar offense within the twelve(12 ) month period, in which case, the twelve (12) month period will begin anew. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access 15.3 After completion of the employee90-day probationary period set out in this Article, the Employer shall have the right to discharge or discipline any Employee, in the form of unpaid suspension, demotion, and discharge, for just cause. While different offenses may warrant different levels of discipline, a general principle to be applied is that discipline should be progressive. For offenses that warrant progressive discipline, the business generally appropriate progression is: Verbal documented warning, written letter of warning, suspension, termination. The Employer retains discretion to commence progressive discipline at any step, including termination, based on the circumstances of the Employercase. When a security related incident occurs on a job site that If an Employee is or can reasonably be construed as injurious to that customerdischarged, the Employer shall give notice of the reason(s) for the discharge at the time the action is taken. 15.4 If not immediately discharging the employee, the UnionEmployer may place an Employee into a non-pay status in order to investigate an allegation that the Employee has engaged in gross misconduct including, and but not limited to, sexual harassment, violence, theft, destruction of Employer property, making a statement that may cause serious reputational harm to the Employer will cooperate in every way in the investigation Nevada Democratic Victory and/or Coordinated Campaign, violation of the incident until the incident is resolved confidentiality agreements and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interviewpolicies, or is guilty of actions which meet the elements of a meeting in crime for which the employee is questioned about a matter or conduct that may result in the imposition sentence of discipline or discharge on that employee shall imprisonment can be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”imposed.

DISCIPLINE AND DISCHARGE. 4.1 Section 9.1. The Employer Center agrees that it will not discipline or discharge any non- probationary bargaining unit employee without just cause. Section 9.2. Whenever an employee is given a written warning, suspension, or discharge, the employee will be given a copy, if possible, of the disciplinary notice; however, the failure of the Center to do so will not affect the validity of the discipline. When presented with any written disciplinary notice, the employee shall be free required to discharge employees for refusal to obey lawful orderssign an acknowledgement that the employee has received the disciplinary notice. Section 9.3. Grievances over any discipline, in competency, misrepresentation, intoxicationsuspension, or any just causedischarge must be filed in accordance with the time limits and provisions of Article 14 of this Agreement. An employee who has Any grievance not completed his or her probationary period may so filed shall be disciplined or discharged without just cause and without recourse conclusively deemed to the Grievance and Arbitration procedure set forth in Article 25be waived. 4.2 The Employer shall be free to Section 9.4. All discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary actionwill remain part of the employee's work record. However, no any warning or suspension that is more than 18 months old shall not be used for purposes of progressive discipline if the employee who has completed remained free of all discipline during 18 months following the probationary period issuance of the discipline. Section 9.5. Termination of employment shall occur, but is not limited to, for the following occurrences. Mitigating circumstances however will be discharged considered by the facility, but the Center will make the final decision: (i) Absence without notification to the employee’s supervisor at the Center; (ii) Absence from work for offensesany reason (except layoff, which do military service, work-related illness or injury if light duty is unavailable or total work restriction is medically necessary, or non-work related illness or injury if light duty is unavailable or total work restriction is medically necessary) in excess of the employee’s length of service when the absence-began, or six (6) months, whichever is shorter; (iii) Absence from work because of layoff, illness or injury (whether or not work-related) in and excess of themselves constitute just cause the employee’s length of service when the absence began, or twelve (12) months, whichever is shorter, unless a longer period is required by law; (iv) Failure to respond to a recall notice from layoff within three (3) working days after notice to report for discharge work is sent by certified mail or by telegram to the employee’s last address on file with the Center, or failure to report for work within three (3) working days thereafter; (v) Failure to report for work at the termination of a leave of absence or vacation unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent an explanation satisfactory to the Union. Each warning notice shall contain a place Center for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct report to work; (vi) Engaging in gainful employment while on an authorized leave of absence, unless permission to engage in such employment was granted in advance by the Center in writing; (vii) Walking off the job without authorization by a supervisor; (viii) Making a false statement or creates representation on his or her employment application, or failing to state a safety concern)fact or condition, use provided such falsification or omission is of unnecessary force such a nature as to have resulted in the employee’s not being hired if disclosed; (ix) Habitual, chronic or disrespectful treatment pattern absenteeism; (x) Securing or attempting to secure any benefit provided for in this Agreement or by law by falsification or deceit; (xi) Failure to report for work when light duty is available and within medical restrictions during episodes of work-related illness or injury; (xii) Violation of, or non-compliance with, Federal and/or State regulatory requirements that result in the Center being issued a deficiency, civil monetary penalty, or pose threat of decertification or non-payment status; (xiii) Violating Federal or State Abuse, Neglect, or Misappropriation of Resident Funds/Items laws or violating any Elder Abuse laws; (xiv) Failing to maintain applicable licenses and/or certifications in active, unexpired, unrestricted good standing; (xv) Failing to follow and maintain State or Federal minimum standards, guidelines, or regulations for Long Term Care Facilities; and (xvi) Conviction of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs disqualifying offense as defined by the Illinois Department of Public Health. Section 9.6. None of the Employer, offenses listed in Section 9.5 shall restrict the building owner or its tenantsunion from the grievance and arbitration process. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived only issue for resolution by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section arbitrator shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which whether the employee is qualified that becomes available within engaged in the same dispatch areaconduct alleged. If the employee refuses the first available job for which arbitrator determines the employee is qualified and which is located did not engage in his/her geographic areathe alleged conduct, he/she may be permanently removed from cannot compel the payroll. Discharge under this Article for failure employer to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of re-hire/reinstate the employee, and the business but may choose to award severance pay up to a maximum of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, 160 hours at the employee, the Union, and the Employer will cooperate in every way in the investigation ’s last rate of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membershippay. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer ‌ (a) No employee shall be free to discharge employees for refusal to obey lawful ordersdisciplined, in competencysuspended, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse cause. Such disciplinary action shall be commensurate with the seriousness of the violation. Grievances related to discharge will normally begin at Step Two. Employees shall be informed in advance of disciplinary meetings, clearly stating the Grievance and Arbitration procedure set forth in Article 25purpose of the meeting. Employees shall be advised of their right to have a union representative at any disciplinary meeting. 4.2 (b) The Employer University shall, in the process of progressive discipline, use verbal and/or written warnings. In such cases, the employee shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, clearly informed that is sufficient to warrant some lesser disciplinary actiona verbal or written warning. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices Employees shall be issued within ten advised of their right to have a Union Representative at any disciplinary meeting involving verbal and/or written discipline. A written disciplinary warning shall normally precede more serious disciplinary action (10) days after i.e. suspension or discharge), except in the Employer knew or should have known case of gross misconduct. The written disciplinary warning shall include a description of the offenseimprovement required and identify a time period in which to demonstrate the required sustained improvement in the area of concern. (c) When an employee is to be suspended or discharged, such discipline shall normally be imposed at a meeting specifically convened for this purpose. The employee shall be accompanied to such meeting by a Union Representative. A copy of the warning suspension or discharge letter shall be sent provided to the Union. Each warning notice Union within three (3) days of such meeting. 15.02 The parties agree that there shall contain be only one official personnel file and it shall be located in the Human Resources department. 15.03 Where an employee has a place disciplinary letter on file which does not involve violence, abuse or harassment, and has been provided with a copy, and where no related disciplinary documents have been filed for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt18 months, the Employer shall give letter and/or discipline will be removed. This will only apply to situations where employees have actively been at work throughout the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants18 month period. The Union further understands and agrees that the Employer provides record of an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied workused against the employee at any time after 18 months following disciplinary action, subject including letters of reprimand, and provided the Employee has kept his or her record clean during such period. 15.04 Where an employee has a disciplinary letter on file which does involve violence, abuse or harassment, and has been provided with a copy, and where no related disciplinary documents have been filed for three (3) years, the letter and/or discipline will be removed. This will only apply to BSIS regulations. Any employee, who by reason of situations where employees have actively been at work throughout the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the jobthree (3) year period. The record of an employee will then shall not be offered the first available job for which used against the employee is qualified that becomes available within the same dispatch area. If at any time after three (3) years following disciplinary action, including letters of reprimand, and provided the employee refuses the first available job for which the employee is qualified and which is located in his/has kept his or her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25record clean during such period. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 11.01 The Employer and the Union recognize the principle of progressive discipline. Discipline shall be corrective and constructive in nature. Based on this principle, any disciplinary action shall be fair, responsible, and commensurate with the seriousness of the violations. 11.02 When an Employee is suspended from duty, the Employer undertakes to notify the Employee in writing of the reason for such suspension. The Employer shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to give such notification at the Grievance and Arbitration procedure set forth in Article 25time of suspension. 4.2 11.03 The Employer shall notify the local Union Representative of the Alliance that such suspension has occurred. (a) When an Employee is required to attend a meeting, with the Employer, the purpose of which is to conduct a fact-finding hearing concerning them or to render a disciplinary decision, the Employee will be free advised of the right to Union representation and will be entitled to have at their request, a Union Representative attend the meeting. Where practicable, an Employee will receive a minimum of two days’ notice of such a meeting. (b) In the event that an Employee has been disciplined, such Employee will be provided in writing, the reasons which caused the discipline and the corrective action required. (c) The Employer shall notify the Local President or designate of the Union that a disciplinary decision has occurred within three (3) working days. 11.05 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any employee who commits document from the file of an infraction, which, while Employee the content of which the Employee was not being sufficient aware of at the time of filing of the grievance or within a reasonable period thereafter. 11.06 Any document or written statement related to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and may have been placed on the personnel file of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices an Employee, shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process destroyed after twelve (12) months have elapsed for a warning and shall be eighteen (18) months for a suspension, provided that no longer valid for the purpose of disciplinefurther disciplinary action has been recorded during this period. 4.3 11.07 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition case of discipline or discharge on that employee the burden of proof of just cause shall be afforded all rights as required by rest with the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”Employer.

DISCIPLINE AND DISCHARGE. 4.1 The Employer 10.1 No permanent employee shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without discharged, except for just cause cause, and without recourse to the Grievance in no event until he/she has been furnished with a written statement of charges and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits reasons for such action. Upon an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser Appointing Authority (Department/Office Director) becoming aware of an incident warranting possible disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct hisDepartment/her behavior. Warning notices shall be issued Office must within ten (10) employee workdays (annual and sick leave days after excluded) advise the affected employee in writing of potential disciplinary action or provide notice of a pre-disciplinary hearing - this pertains to minor, major and dismissal offenses. (Non • substantiated allegations excluded). It shall be the responsibility of the employee's immediate supervisor to advise, within ten (10) working days (annual and sick leave days excluded), his/her appointing authority of incidents warranting possible disciplinary action. Under the normal course of business, upon becoming aware of non-substantiated allegations, the appointing authority shall complete his/ her investigation within 60 days. 10.2 The Public Employer knew shall have the right to immediately suspend an employee without notice when it is determined by the Public Employer that his/her continued presence constitutes a threat or hazard. However, the employee must be notified within three (3) working days of charges. 10.3 No Bargaining Unit employee should have known any expectation of privacy while on duty or utilizing County resources as to his or her Internet usage. County Internet activity will be reviewed to assure that County Internet resources are used only for their intended purposes. 10.4 Employees placed on disciplinary probation shall receive written notice that they are not entitled to use the bargaining unit or Merit System grievance processes if terminated while on disciplinary probation. 10.5 Prior offenses will not be held against an employee provided there have been no further offenses during the time specified below, except that in dismissal actions the employee's permanent personnel record and other appropriate documentation will be considered. Dismissal Offenses (where lesser penalty was imposed) 3 years Major Offenses. 2 years Minor Offenses 1 year Major and minor offenses shall be determined from Policy XII of the offense. A copy of the warning Brevard County Merit System. 10.6 Employees shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing receive a copy of the warning any disciplinary or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located performance related documentation placed in his/her geographic area, he/she may be permanently removed from official personnel file maintained by the payrollOffice of Human Resources. Discharge Upon an employee filing a timely grievance under this Article for failure to possess a licenseagreement, except as limited above in this Section, no disciplinary action (excluding termination) shall be without recourse to served, nor shall be placed in the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 employee's department or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access official Human Resources personnel files until all steps of the employee, and the business grievance procedure have been completed. Upon completion of the Employergrievance process only such disciplinary action which has been upheld or modified shall be placed in the employee's departmental and/ or official Human Resources' personnel files. When a security related incident occurs fulltime permanent employee is given time off without pay as a result of disciplinary action, the day off shall equate to an eight (8) hour day. Part time employee disciplinary time off without pay will be on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membershippro rata basis. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 An employee who has completed her/his probationary period will not receive a written warning or suspension or be demoted or discharged without just cause. The Employer will make every reasonable effort to notify the Union within forty-eight (48) hours after a suspension or discharge, but the failure to do so shall not affect any disciplinary action taken. If the Union does not receive timely notice, the time limit for filing a grievance will be free seventy-two (72) hours after such notification to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just causethe Union. An employee who has not completed his is required to meet with a supervisor or her probationary period may be disciplined or discharged without just cause and without recourse manager for the purpose of investigating circumstances that might reasonably lead to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer employee being disciplined, or for the purpose of imposing discipline, shall be free permitted to discipline any have a union representative present. In either instance, the supervisor or manager shall inform the employee who commits of his/her right to have such a representative present; provided, however, that the failure of a supervisor or manager to so advise an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do shall not in and of themselves constitute just cause itself negate or adversely affect any disciplinary action taken by the Hospital with regard to that employee. The supervisor/manager will postpone for discharge unless a reasonable period of time any such meeting if a local representative is unavailable to attend. The Employer shall notify the union and the employee has progressed through simultaneously when imposing disciplinary suspensions and terminations. The Employer shall notify the discipline process and been given Union as soon as is practical when the opportunity to correct his/her behavioremployee is placed on investigatory leave. Warning notices Should an investigation extend beyond fifteen (15) business days, the employee on investigatory leave shall be issued within ten (10) days after the Employer knew or should have known paid each day thereafter their base rate of pay for their regularly worked shifts, including shift differential, if any, until completion of the offenseinvestigation. A copy of the warning Such payment shall be sent to made notwithstanding a finding of misconduct; however, if any employee is not cooperating with the Unioninvestigation, the payments shall cease. Each warning notice shall contain Investigations should be completed expeditiously and in a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy reasonable amount of the warning or disciplinary notice as acknowledgement of receipttime. Upon request, the Employer shall give update the Union on the progress of the investigation. The Employer will not consider a prior infraction for purposes of issuing subsequent discipline, as long as (1) the prior infraction was not the subject of a final warning or suspension, (2) fifteen (15) months have passed from the date of the infraction with no subsequent write-ups, and (3) the prior infraction was not related to caring or treatment (medical or service) of patients and their families/visitors may be considered for subsequent discipline. Nothing in this Article shall require the Employer to remove write-ups from an employee’s personnel file.” (a) Voluntary resignation (b) Discharge in accordance with Section 6.4. (c) Failure on recall from layoff to report to work within seven (7) working days following the mailing of the notice of recall by certified mail to the employee to report to work. (d) After a copy layoff of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of disciplinemonths. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement(e) Other employment during a leave of absence, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived unless approved by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, which approval shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25unreasonably withheld. 4.5 The Employer will notify the Union at the time (f) Failure to return upon expiration of termination a leave of any employee under paragraphs 1 or 3 aboveabsence. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and (g) Absence from work for more than three (3) consecutive workdays without notifying the Employer will cooperate in every way in before the investigation expiration of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membershipsaid three (3) consecutive workdays. 4.7 An employee who is directed to an investigatory interview, or (h) Not performing any work for Employer for a meeting in which the employee is questioned about a matter or conduct that may result in the imposition period of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”one (1) year (365 days).

DISCIPLINE AND DISCHARGE. 4.1 The Employer 9.1 No regular employee shall be free to discharge employees disciplined, removed, discharged or reduced in rank or pay, suspended or given a formal letter of reprimand except for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An In any proceedings the employee who has not completed his shall have reasonable time to prepare for a defense against the charges preferred and shall have the right to retain counsel and shall be afforded due process. Included in the disciplinary action or her probationary period may formal letter of reprimand shall be disciplined or discharged without just cause a written statement of charges indicating the charges and without recourse to the Grievance and Arbitration procedure set forth in Article 25reason for the disciplinary action. 4.2 9.2 The Employer procedure for discipline, dismissal, demotion, and suspension shall be free progressive and corrective in nature. This does not prevent the employer from taking more severe action under unusual circumstances. At no time shall this procedure be retaliatory in nature. 9.3 No employee shall be required to discipline serve an unpaid suspension resulting from a disciplinary action until the grievance process, if invoked, has been completed. 9.4 After an employee has had a clean record for two (2) years, all prior written reprimands shall not be used in any employee who commits an infraction, which, while other disciplinary proceedings. A suspension in a personnel file shall not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser be used in any disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge proceedings after a five (5) year clean record unless the employee has progressed through the discipline process and been given the opportunity another suspension. 9.5 Disciplinary action must be timely in order to correct his/her behaviorbe effective. Warning notices shall Hence, any action taken on an offense must be issued within ten (10) calendar days after following the Employer knew or time the occurrence should have reasonably become known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch areaexist. If the employee refuses receives a written notice of the first available job for which disciplinary charges within the required ten (10) calendar days, it is agreed that the time limit required has been met. Should an employee be off on leave on the final day of this ten (10) day period, the issue date shall be extended by the number of days the employee is qualified and which is located in his/her geographic areawas away from work. 9.6 No record of any disciplinary charge, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Sectionexpressed or implied, shall be without recourse to included in an employee's official City personnel file, unless appropriate disciplinary action was taken. If a grievance is filed by the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer grievance is the ultimate consumer and ultimately controls the access of upheld, such discipline will not be placed in the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership's file. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 An employee who has completed her/his probationary period will not receive a written warning or suspension or be demoted or discharged without just cause. The Employer will make every reasonable effort to notify the Union within forty-eight (48) hours after a suspension or discharge, but the failure to do so shall not affect any disciplinary action taken. If the Union does not receive timely notice, the time limit for filing a grievance will be free seventy-two (72) hours after such notification to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just causethe Union. An employee who has not completed his is required to meet with a supervisor or her probationary period may be disciplined or discharged without just cause and without recourse manager for the purpose of investigating circumstances that might reasonably lead to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer employee being disciplined, or for the purpose of imposing discipline, shall be free permitted to discipline any have a union representative present. In either instance, the supervisor or manager shall inform the employee who commits of his/her right to have such a representative present; provided, however, that the failure of a supervisor or manager to so advise an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do shall not in and of themselves constitute just cause itself negate or adversely affect any disciplinary action taken by the Hospital with regard to that employee. The supervisor/manager will postpone for discharge unless a reasonable period of time any such meeting if a local representative is unavailable to attend. The Employer shall notify the union and the employee has progressed through simultaneously when imposing disciplinary suspensions and terminations. The Employer shall notify the discipline process and been given Union as soon as is practical when the opportunity to correct his/her behavioremployee is placed on investigatory leave. Warning notices Should an investigation extend beyond fifteen (15) business days, the employee on investigatory leave shall be issued within ten (10) days after the Employer knew or should have known paid each day thereafter their base rate of pay for their regularly worked shifts, including shift differential, if any, until completion of the offenseinvestigation. A copy of the warning Such payment shall be sent to made notwithstanding a finding of misconduct; however, if any employee is not cooperating with the Unioninvestigation, the payments shall cease. Each warning notice shall contain Investigations should be completed expeditiously and in a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy reasonable amount of the warning or disciplinary notice as acknowledgement of receipttime. Upon request, the Employer shall give update the employee a copy Union on the progress of the warning or disciplinary noticeinvestigation. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration not consider a prior infraction for purposes of issuing subsequent discipline, as long as (1) the prior infraction was not the subject of a final warning or whose registration is canceled by suspension, (2) fifteen (15) months have passed from the Department of Consumer Affairs date of the State infraction with no subsequent write-ups, and (3) the prior infraction was not related to care or treatment (medical or service) of California or any other governmental agency. Employees who have renewed patients and their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in hisfamilies/her geographic area, he/she visitors may be permanently removed from the payrollconsidered for subsequent discipline. Discharge under Nothing in this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and require the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Unionremove write-ups from an employee’s duty to provide fair and effective representation to its membershippersonnel file. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer No employee shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse cause. The parties subscribe to the Grievance concept and Arbitration procedure use of progressive discipline whenever possible: A. One or more written warnings. B. One or more formal written reprimands. C. One or more short suspension(s) without pay (not to exceed five [5] working days). D. Long suspension without pay or discharge. The parties agree that the purpose of progressive discipline is to provide an employee a reasonable opportunity to correct his employment behavior short of discharge. Failure of the Employer to follow precisely the steps set forth above shall not per se be grounds for reinstating a discharged or disciplined employee, but shall be considered on a case-by-case basis in Article 25. 4.2 determining whether just cause exists. The City will issue any disciplinary action necessary within 20 working days after the City knew or had reasonable notice of the facts giving rise to the discipline. The Employer shall be free to consider no prior disciplinary action on any infraction of a similar and/or a distinct and different character occurring more than 24 months previous in imposing discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary actionon a current charge. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent Upon written request to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receiptHuman Resources Department, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve any written warnings issued more than twenty-four (1224) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated prior to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, request shall be removed from the jobemployee’s file if the employee has not received any additional discipline during that time period. Upon written request to the Human Resources Department, any discipline other than a written warning which was issued more than twenty-four (24) months prior to the request shall be removed from the employee’s file upon agreement of the City if the employee has not received any additional discipline during that time period. If the City does not agree to the Employee’s request, the Union may, within thirty (30) days, request a special conference to discuss the Employee’s request. Employees will have the right to have Union representation at any level of disciplinary action taken against them. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified must sign and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess receive a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination copy of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer all disciplinary action. This is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably not to be construed as injurious to an admission of guilt, but only as an acknowledgment that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completionsuch action exists. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who shall, upon written request, have access to his personnel file retained by the Employer, as defined by State law. It is directed to further agreed that an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee employee’s personnel file shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”considered his official file in grievance hearings.

DISCIPLINE AND DISCHARGE. 4.1 The Employer 10.1 No permanent employee shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without discharged, except for just cause cause, and without recourse to the Grievance in no event until he/she has been furnished with a written statement of charges and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits reasons for such action. Upon an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser Appointing Authority (Department/Office Director) becoming aware of an incident warranting possible disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct hisDepartment/her behavior. Warning notices shall be issued Office must within ten (10) employee workdays (annual and sick leave days after excluded) advise the affected employee in writing of potential disciplinary action or provide notice of a pre-disciplinary hearing - this pertains to minor, major and dismissal offenses. (Non- substantiated allegations excluded). It shall be the responsibility of the employee's immediate supervisor to advise, within ten (10) working days (annual and sick leave days excluded), his/ her appointing authority of incidents warranting possible disciplinary action. Under the normal course of business, upon becoming aware of non-substantiated allegations, the appointing authority shall complete his/ her investigation within 60 days.. 10.2 The Public Employer knew shall have the right to immediately suspend an employee without notice when it is determined by the Public Employer that his/her continued presence constitutes a threat or hazard. However, the employee must be notified within three (3) working days of charges. 10.3 No Bargaining Unit employee should have known any expectation of privacy while on duty or utilizing County resources as to his or her Internet usage. County Internet activity will be reviewed to assure that County Internet resources are used only for their intended purposes. 10.4 Employees placed on disciplinary probation shall receive written notice that they are not entitled to use the bargaining unit or Merit System grievance processes if terminated while on disciplinary probation. 10.5 Prior offenses will not be held against an employee provided there have been no further offenses during the time specified below, except that in dismissal actions the employee's permanent personnel record and other appropriate documentation will be considered. Dismissal Offenses (where lesser penalty was imposed)..................3 years Major Offenses................................................................................2 years Minor Offenses 1 year Major and minor offenses shall be determined from Policy XII of the offense. A copy of the warning Brevard County Merit System. 10.6 Employees shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing receive a copy of the warning any disciplinary or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located performance related documentation placed in his/her geographic area, he/she may be permanently removed from official personnel file maintained by the payrollOffice of Human Resources. Discharge Upon an employee filing a timely grievance under this Article for failure to possess a licenseagreement, except as limited above in this Section, no disciplinary action (excluding termination) shall be without recourse to served, nor shall be placed in the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 employee's department or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access official Human Resources personnel files until all steps of the employee, and the business grievance procedure have been completed. Upon completion of the Employergrievance process only such disciplinary action which has been upheld or modified shall be placed in the employee's departmental and/ or official Human Resources' personnel files. When a security related incident occurs fulltime permanent employee is given time off without pay as a result of disciplinary action, the day off shall equate to an eight (8) hour day. Part time employee disciplinary time off without pay will be on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membershippro rata basis. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The 9.1.1 It is agreed that if the Employer has reason to orally reprimand an employee, it shall be done in a manner that will not unduly embarrass the employee before other employees or the public. 9.1.2 In cases where a disciplinary action is proposed or imposed upon an employee, the Employer shall be free to discharge employees for refusal to obey lawful ordersnotify the employee and the local Union President, in competencywriting, misrepresentationby certified mail, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to specifying the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause reasons for discharge, is sufficient to warrant some lesser such disciplinary action. HoweverThe written notification shall contain a detailed description of the charges. The notification shall also indicate that a copy has been sent to the local Union President. Notification to the Union 9.1.3 A disciplinary action may be proposed or imposed upon an employee for official misconduct, no employee who has completed failure to properly fulfill the probationary period will be discharged for offenses, which do not in and responsibilities of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behaviorjob assignment, and failure to carry out department rules and regulations, while an employee of the Police Department. Warning notices Such disciplinary action may be any one of the following: a written reprimand, suspension without pay (not in excess of sixty (60) working days), loss of leave credits, demotion or dismissal. 9.1.4 An employee may be suspended from duty without pay prior to the implementation of the grievance procedure of this Agreement only if there is a probable cause to believe that the continued presence of the employee on his/her job assignment represents an actual danger to other persons or property, or would severely interfere with the operations of the Department. If the employee is suspended, the notice of discipline must be served within forty-eight (48) hours of such suspension, or the disciplinary suspension shall be issued within ten (10) days after null and void, whether or not such suspension is a prelude to a proposed dismissal or other proposed penalty; and determination made by the Employer knew that an employee should be so suspended shall be reviewable by an arbitrator, should the matter become the subject of any arbitration procedure in accordance with this Agreement. 9.1.5 The local Union President, or his/her designee, the disciplined employee and employee witnesses called upon to testify shall suffer no loss of pay as a result of attending a grievance or arbitration hearing if such hearing, is scheduled during, their normal scheduled work shift. 9.1.6 Disciplinary arbitrators shall confine themselves to determination of guilt or innocence and the appropriateness of proposed penalties. Such arbitrators shall neither add to, detract from, nor modify any provisions of this Agreement. Disciplinary arbitrators may approve, disapprove, or take any other appropriate action they feel warranted under the circumstances, including, but not limited to, ordering reinstatement and back pay for all or part of a suspension. The disciplinary arbitrator also may consider any period of suspension up to sixty (60) calendar days in determining the penalty to be imposed. A decision of a disciplinary arbitrator with respect to the guilt or innocence of any employee, penalty, or probable cause for his/her suspension, whether imposed or pending, or his/her dismissal from employment shall be final and binding upon the parties. 9.1.7 All fees and expenses of the arbitrator and the fees of the Public Employment Relations Board 9.1.8 No employee shall be brought up on charges or be disciplined for acts which the Employer knows or should have known occurred more than ninety (90) calendar days prior to the service of such notification of discipline, except acts which would constitute a crime. Where an employee is alleged to have been involved in a criminal act, no disciplinary action may be taken against him/her while criminal charges are pending unless there is probable cause to believe that the continued presence of the offense. A copy employee on his/her job assignment represents an actual danger to other persons or property, or would severely interfere with the operations of the warning shall be sent Department, subject to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.9.1.4

DISCIPLINE AND DISCHARGE. 4.1 ‌ 16.01 The Employer shall be free to not discipline, suspend or discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged an Employee without just cause and without recourse to sufficient cause. 16.02 The Employer recognizes the Grievance and Arbitration procedure principle of progressive discipline by adopting the procedures set forth in Article 25this Article. 4.2 16.03 The Employer recognizes that an oral reprimand or a written warning should precede suspension or discharge, except in the case of gross neglect of duty, position abandonment, or gross misconduct, and that an Employee shall be free given a set and reasonable time period in which to discipline any employee who commits an infractiondemonstrate the required sustained improvement in the area of concern. 16.04 Discipline, whichwhere warranted, while not being sufficient to constitute just cause shall only be imposed at a meeting with the Faculty Supervisor or a person designated by the Employer convened for discharge, is sufficient to warrant some lesser disciplinary actionthis purpose. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices Employees shall be issued within ten (10) days after the Employer knew or should have known given 24 hours notice of the offensesuch meeting, and shall be advised that they are entitled to be accompanied at this meeting by a Union Representative. Employees are entitled to be heard at such meeting, and shall be entitled to append comments to any disciplinary letter. 16.05 A copy of the warning any disciplinary letter shall be sent provided by the Faculty Supervisor to the UnionUnion within three (3) days of such a meeting. Each warning notice Personnel Files 16.06 Employees shall contain have the right to review their employment file once per year by submitting such request in writing to Human Resource Services. An appointment to review the file will be arranged within five (5) working days of receipt of such request. The Employee may be accompanied by a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing Union Representative if he or she so wishes. 16.07 Upon request, a copy representative of the warning or disciplinary notice as acknowledgement Union shall have the right to examine the personnel file of receiptan Employee in the latter’s absence, if such representative has the Employer shall give the employee a copy necessary form from Human Resources Services with an original signature of the warning or disciplinary notice. Warning or disciplinary notices may not Employee. 16.08 Records of discipline shall be considered as a part of the Employerremoved from an Employee’s discipline process after file twelve (12) months and from the date of such discipline, provided that no further discipline has been recorded within that period; or shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by removed at the end of the BSIS grace periodtheir employment, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and whichever is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25earlier. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.

DISCIPLINE AND DISCHARGE. 4.1 The Employer 10.01 No employee shall be free to discharge employees for refusal to obey lawful orders, in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to cause. For the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. However, no employee who has completed the probationary period will be discharged for offenses, which do not in and purposes of themselves constitute just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behavior. Warning notices shall be issued within ten (10) days after the Employer knew or should have known of the offense. A copy of the warning shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered as a part of the Employer’s discipline process after twelve (12) months and shall be no longer valid for the purpose of discipline. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, “just cause circumstances for cause” is defined as the Employee’s disobedience, gross misconduct, or unreasonable refusal to faithfully perform his duties or discharge his responsibilities pursuant to this Agreement. Without limiting the generality of the foregoing, “just cause” shall also be deemed to include, but shall not be limited to, unlawful use the following: a) dishonesty, fraud, conflict of interest (as defined herein), illegality, incompetence or unlawful possession breach of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, any relevant statute or by-laws or regulations relating to the affairs of the Employer. b) failure to comply with follow the reasonable rulesand lawful directions of the Employer c) failure to disclose other business interests or employment outside the Employer; and d) a material breach of this Agreement or gross negligence on the Employee’s part in carrying out his duties under this Agreement. It is expressly understood and agreed that any act that, policies or directives promulgated although providing grounds for termination, does not result in dismissal, shall not operate as a waiver by the Employer of its right to terminate for just cause in the event that the act is repeated. 10.02 Within ten (10) business days of any disciplinary action(s) being taken against an employee, except in the case of termination where the Union shall be notified within two (2) business days, the Employer shall provide the Union with written notice of such discipline or the penalty shall be null and clearly communicated void. All penalties are to be served after the Grievance process has been exhausted. 10.03 A bargaining unit member called to a meeting by the Employer for the investigation of any matter which could potentially lead to discipline, or for the purpose of imposing discipline, shall have the right, and shall be advised of their right, to be accompanied by a Union Xxxxxxx. In the event the Union Xxxxxxx is not available for such a meeting, an alternate Union Xxxxxxx will be permitted to attend the meeting. Copies of disciplinary notices will be given to the employee (where such failure member involved, and the Union Xxxxxxx. 10.04 All time limits referred to comply constitutes serious misconduct in the grievance or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to arbitration proceedings may be trained to fulfill existing or modified security needs extended by mutual agreement of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needsparties. 4.4 The Employer 10.05 For disciplinary measures, all infractions will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed employee’s record after a period of twenty-four (24) months from the payrolldate the discipline was imposed. 10.06 The progressive disciplinary steps are as follows: a) Written warning. b) One (1) day suspension. c) Three (3) days suspension. d) Termination of employment and loss of Seniority. Discharge under this Article for failure to possess a license, except as limited It is understood that the above in this Section, steps shall be without recourse by-passed in the event of an infraction of a more serious nature, such as violence, sabotage, substance abuse at work, harassment, theft, and/or dangerous driving. 10.07 In the event of the termination of an Employee’s employment for any reason, whether or not with just cause and whether or not by notice or in any other manner whatsoever, the Employee shall: a) Deliver to the Grievance Procedure of Article 25. 4.5 The Employer will notify all property of, or belonging to or administered by the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee Employer including, without limitation, all confidential information, all documents, books, materials, records, correspondence, papers, and the Union recognize information (on whatever media and wherever located) that the customer Employee knows or ought reasonably to know is the ultimate consumer and ultimately controls the access of the employee, and in his possession relating to the business of the Employer, or related to Customers of the Employer or to any companies that have had any relationship with the Employer. When a security related incident occurs The Employee shall not be entitled to retain any copies of such documentation; b) Deliver to the Employer all objects the Employee has received from the Employer, including, but not limited to, cellular phones, hardware, credit cards, keys to the workplace, etc., as well as any other property belonging or relating to the Employer that may be in the Employee’s possession or control; c) Irretrievably delete any information relating to the business of the Employer stored on a job site any disc or memory stick and all matter derived from it that is in the Employee’s possession, custody, care, or can reasonably be construed as injurious to that customer, control outside the employee, premises of the UnionEmployer, and the Employer will cooperate in every way in the investigation produce evidence of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent compliance with the Union’s duty to provide fair and effective representation to its membershipthis sub-clause. 4.7 An employee who 10.08 It is directed to an investigatory interview, or a meeting in agreed and understood by the parties that one (1) day per week shall be set for dealing with issues/complaints from which the employee is questioned about a matter or conduct that may result in might necessitate the imposition of discipline or discharge on that employee shall of an employee. At the request of either Party, the day can be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”changed with mutual agreement.

DISCIPLINE AND DISCHARGE. 4.1 1. Copies of all warning notices, including records of oral warnings, shall be provided to Registered Nurses. 2. The Employer shall be free recognizes a Registered Nurse’s right, upon request, to discharge employees for refusal to obey lawful orders, have a representative of the Union at an investigatory interview that the Registered Nurse reasonably believes may result in competency, misrepresentation, intoxication, or any just cause. An employee who has not completed his or her probationary period may be disciplined or discharged without just cause and without recourse to the Grievance and Arbitration procedure set forth in Article 25. 4.2 The Employer shall be free to discipline any employee who commits an infraction, which, while not being sufficient to constitute just cause for discharge, is sufficient to warrant some lesser disciplinary action. HoweverIf the Registered Nurse who is the subject of the interview works at a location where no Local Representative is assigned, no employee reasonable advance notice, not to exceed 24 hours, will be provided to the Union. The Union’s representative may opt to participate by telephone, if necessary, to facilitate a timely interview. To preserve the integrity of the investigatory interview, the Employer shall not be required to disclose the name of the Registered Nurse who is to be interviewed prior to the Registered Nurse being notified thereof. 3. No Registered Nurse covered by this Agreement who has satisfactorily completed the probationary period will shall be discharged for offenses, which do not in and of themselves constitute or disciplined without just cause for discharge unless the employee has progressed through the discipline process and been given the opportunity to correct his/her behaviorcause. Warning notices The Union shall be issued within ten (10) days after the Employer knew or should have known notified promptly, in writing, of the offensesuspension or discharge of any non- probationary Registered Nurse. 4. A copy If the suspension or discharge of a Registered Nurse results from misconduct involving a client, the failure of the warning client to appear and testify at any arbitration shall be sent to the Union. Each warning notice shall contain a place for the employee to sign to acknowledge receipt without admitting guilt; upon the Employee signing a copy of the warning or disciplinary notice as acknowledgement of receipt, the Employer shall give the employee a copy of the warning or disciplinary notice. Warning or disciplinary notices may not be considered prejudicial by the Arbitrator. 5. Any communication to the Employer, either from or about a client, which the Employer reasonably believes may result in disciplinary action against a Registered Nurse, shall be made available to the Registered Nurse promptly, subject to such Federal, State and local laws, rules and regulations as may apply. 6. Before a part Registered Nurse is disciplined on the basis of allegations concerning client treatment, s/he shall be given an opportunity to rebut the allegations and, upon request, the Registered Nurse shall be provided with relevant medical data (e.g., client medical charts), subject to such Federal, State and local laws, rules, and regulations as may apply. 7. In all events the Registered Nurse and the Union will cooperate with the Employer’s discipline process after twelve (12) months reasonable efforts to safeguard all confidential client information that may be disclosed pursuant to this Article, and shall be to dispose of such information in a manner consistent with its confidentiality when there is no longer valid a need for the purpose of disciplineits retention. 4.3 In addition to those circumstances mentioned elsewhere in this Agreement, just cause circumstances for discharge shall include, but not be limited to, unlawful use or unlawful possession of controlled substances, intoxication, insubordination, theft, excessive absenteeism, gross negligence, failure to comply with reasonable rules, policies or directives promulgated by the Employer and clearly communicated to the employee (where such failure to comply constitutes serious misconduct or creates a safety concern), use of unnecessary force or disrespectful treatment of a tenant; visitor or employee and inability or unwillingness to be trained to fulfill existing or modified security needs of the Employer, the building owner or its tenants. The Union further understands and agrees that the Employer provides an important service to its tenants of a personalized nature to fulfill their security needs, as those needs are perceived by the Employer, the building owner and the tenants. Accordingly, the provisions of this Section shall be implemented and interpreted by the parties and by an arbitrator in arbitration proceedings so as to give significant consideration to such needs. 4.4 The Employer will discharge any employee who is denied registration or whose registration is canceled by the Department of Consumer Affairs of the State of California or any other governmental agency. Employees who have renewed their registration and document this with a receipt or similar proof by the end of the BSIS grace period, but have not yet received their new registration cards, shall not be denied work, subject to BSIS regulations. Any employee, who by reason of the requirements of his job assignment must pass a test prescribed by any governmental agency or obtain a permit from any governmental agency and is not able to pass the test to obtain such a permit, shall be removed from the job. The employee will then be offered the first available job for which the employee is qualified that becomes available within the same dispatch area. If the employee refuses the first available job for which the employee is qualified and which is located in his/her geographic area, he/she may be permanently removed from the payroll. Discharge under this Article for failure to possess a license, except as limited above in this Section, shall be without recourse to the Grievance Procedure of Article 25. 4.5 The Employer will notify the Union at the time of termination of any employee under paragraphs 1 or 3 above. 4.6 The employee and the Union recognize that the customer is the ultimate consumer and ultimately controls the access of the employee, and the business of the Employer. When a security related incident occurs on a job site that is or can reasonably be construed as injurious to that customer, the employee, the Union, and the Employer will cooperate in every way in the investigation of the incident until the incident is resolved and/or the customer is satisfied that all reasonable avenues have been pursued to their completion. The Union will not impede any steps, which may assist the Employer in convincing the customer of the thoroughness and/or reliability of its investigation consistent with the Union’s duty to provide fair and effective representation to its membership. 4.7 An employee who is directed to an investigatory interview, or a meeting in which the employee is questioned about a matter or conduct that may result in the imposition of discipline or discharge on that employee shall be afforded all rights as required by the National Labor Relations Act, as amended. These rights are commonly referred to as “Xxxxxxxxxx Rights”.