Common use of DISCIPLINE, DEMOTION AND DISMISSAL Clause in Contracts

DISCIPLINE, DEMOTION AND DISMISSAL. Section One. No bargaining unit employee who has successfully completed the probationary period and achieved tenure shall be disciplined except for just cause. Any disciplinary action against a tenured employee is subject to the grievance and arbitration procedure. Disciplinary action against an employee who has not achieved tenure shall be subject to the grievance procedure but not to the arbitration procedure. A disciplined employee shall receive from the employer written notice of such action, as well as the reasons for same. In cases of demotion or dismissal, the employer will demonstrate that counseling and progressive discipline took place prior to such actions; however, nothing in this Section shall prohibit the Employer from bypassing progressive discipline when the nature of the offense requires. In such cases, the failure to apply progressive discipline shall not in and of itself be cause for overturning the disciplinary action. Discipline shall be defined as dismissal, demotion, suspension or written reprimand/written warning. Oral counseling shall not be considered discipline.