DISCIPLINE AND GRIEVANCE/ARBITRATION Clause Samples
The Discipline and Grievance/Arbitration clause establishes procedures for addressing employee misconduct and resolving disputes between employees and employers. Typically, it outlines steps for investigating alleged violations, issuing disciplinary actions, and provides a formal process for employees to file grievances if they believe they have been treated unfairly. If a resolution cannot be reached internally, the clause often allows for arbitration as a final, binding method to settle disputes. This clause ensures that both parties have a clear, fair, and structured process for handling workplace conflicts and disciplinary matters, reducing the risk of unresolved disputes and potential litigation.
DISCIPLINE AND GRIEVANCE/ARBITRATION. (a) Disciplinary action, including discharge, shall be excluded from this grievance procedure. Suspensions over 10 days and discharges shall be governed exclusively by the City of Chicago's Personnel or Police Board Rules, whichever may be applicable. Notwithstanding the foregoing, suspensions of 11 days or more may be appealed to arbitration in lieu of the Personnel or Police Board upon the written request of the Union. Disciplinary cases which are converted from a discharge to a suspension as a result of decision of the Personnel or Police Board do not thereafter become arbitrable as a result of said decision. The grievance procedure provisions herein, and the Personnel or Police Board appeals procedure are mutually exclusive, and no relief shall be available under both.
(b) An employee who is subject to disciplinary action for any impropriety or cause has the right to ask for and receive a Union representative to be present at any interrogations or hearings prior to being questioned. The interrogation shall take place at reasonable time and places and shall not commence until the union representative arrives, provided that the Employer does not have to wait an unreasonable time and the Employer does not have the interrogation unduly delayed. An employee may be discharged for just cause before the Personnel or Police Board hearing, provided that said employee shall be guaranteed upon request, a full hearing before said Board, in accordance with the said Board's rules. It is further provided that in the event of non-egregious offenses, not to include violent acts, criminal acts, drinking alcohol or taking illegal drugs on the job, insubordination or work stoppages, the employee will be given thirty
DISCIPLINE AND GRIEVANCE/ARBITRATION