Common use of Discipline and Dismissal Circumstances Clause in Contracts

Discipline and Dismissal Circumstances. The typical disciplinary sequence for an employee shall be: (1) Verbal warning; (2) Written warning, with a copy to the employee’s personnel file; (3) Up to a thirty (30) day suspension without pay; (4) Dismissal. Disciplinary action, up to and including termination of employment, shall be for a violation of College policy, rule or regulation, or for any illegal act and shall be administrated in a timely and progressive manner except that, in instances of criminal activity, gross abuse of authority, or substantial misconduct or incapacity which brings discredit to the College, suspension may occur as the first step. Then, subsequent dismissal may result depending on the severity of the circumstances of the offense as determined by the College. An employee is entitled to union representation at a meeting called for the specific purpose of disciplining the employee. If a non-disciplinary meeting turns into a disciplinary meeting, the employee is entitled to recess the meeting for a reasonable period of time and request a union representative before continuing with the disciplinary meeting. An arbitrator shall have the authority to order the restoration of employment of a dismissed employee pursuant to this section only if accompanied by a finding of violation of the employee’s substantive rights. The arbitrator in such cases shall reduce any back pay award by any amount earned by the employee during the period he/she was not working and by any Unemployment Compensation payments earned during such period.

Discipline and Dismissal Circumstances. The typical disciplinary sequence for an employee shall be: (1) Verbal warning; (2) Written warning, with a copy to the employee’s personnel file; (3) Up to a thirty (30) day suspension without pay; (4) Dismissal. Disciplinary action, up to and including termination of employment, shall be for a violation of College policy, rule or regulation, or for any illegal act and shall be administrated in a timely and progressive manner except that, in instances of criminal activity, gross abuse of authority, or substantial misconduct or incapacity which brings discredit to the College, suspension may occur as the first step. Then, subsequent dismissal may result depending on the severity of the circumstances of the offense as determined by the College. An employee is entitled to union representation at a meeting called for the specific purpose of disciplining the employee. If a non-disciplinary meeting turns into a disciplinary meeting, the employee is entitled to recess the meeting for a reasonable period of time and request a union representative before continuing with the disciplinary meeting. An arbitrator shall have the authority to order the restoration of employment of a dismissed employee pursuant to this section only if accompanied by a finding of violation of the employee’s substantive rights. The arbitrator in such cases shall reduce any back pay award by any amount earned by the employee during the period he/she was not working and by any Unemployment Compensation payments earned during such period.