DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary employees shall be for Just Cause only. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, and discharge), provided, however, an employee may be subject to immediate dismissal based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement which involves direct patient information shall be provided only after de- identification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. Any probationary employee may be discharged or disciplined by the Employer in its sole discretion in accordance with local, state and federal law. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used for disciplinary action shall include the following information, adjacent to the sentence which states that the employee’s signature on the form indicates that the employee has received a copy of the discipline, but the signature does not indicate agreement or disagreement with the content or information which led to the disciplinary action: “You may have the right to appeal this disciplinary action. For more information, you have the right to contact a union xxxxxxx or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 1-866-371-3200.” Employees shall be entitled to place copies of any written explanation(s) or opinion(s) regarding any critical material placed in his/her personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part of the employee’s personnel file so long as the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed with the employee. Employees and the Union Field Representative or Advocate will be provided with a copy of any written notice of disciplinary action within forty‐eight (48) hours. FILE MATERIALS Material reflecting verbal or written warnings shall be retained for a maximum of two (2) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removed.
Appears in 4 contracts
Samples: Bargaining Agreement, Bargaining Agreement, Collective Bargaining Agreement
DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary employees No bargaining unit member shall be for Just Cause onlydisciplined without just cause. The discipline process will include the concept term "discipline" as used in this Agreement includes warnings; reprimands; suspensions with or without pay; reductions in rank, compensation, or occupational advantage; discharges. Any such discipline, including adverse evaluation of progressive discipline (i.e. verbal reprimandbargaining unit member performance, written reprimands, and discharge), provided, however, an employee may shall be subject to immediate dismissal based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement which involves direct patient information shall be provided only after de- identification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. Any probationary employee may be discharged or disciplined by the Employer in its sole discretion in accordance with local, state and federal law. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used specific grounds for disciplinary action shall include the following information, adjacent will be presented in writing to the sentence which states that bargaining unit member and the employee’s signature on Union no later than at the time discipline is imposed. Before issuing a reprimand about an employees' job performance or inspection of work area, a union officer of effected department along with the Director of Xxxxxxx shall inspect area in question. Written Discipline Written warnings or reprimands or suspensions will be given in the form indicates of a formal letter with the full signature of the Director of the Department taking the action. A copy of a written warning or reprimand or suspension shall be given to the bargaining unit member and the Union. Any issue that leads to a written discipline and is not called to the employee has received attention of the bargaining unit member within ten (10) work days may not be used in any disciplinary action against the bargaining unit member. Any bargaining unit member who wishes to take exception to a written disciplinary action must respond in writing and shall present a copy of the disciplineletter to his/her appropriate administrator. Such response shall be placed in the bargaining unit members' personnel file, but together with a copy of the signature does not indicate agreement or disagreement with written disciplinary action issued by the content or information which led to Director of the disciplinary action: “You may have the right to appeal this disciplinary actionDepartment and/or Board. For more information, you have the right to contact a union xxxxxxx or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 1-866-371-3200.” Employees A bargaining unit member shall be entitled to place copies have present a representative of the Union during any written explanation(s) meeting which will or opinion(s) regarding any critical material placed in his/her personnel filemay lead to disciplinary action by the Employer. The employee’s explanation or opinion Should disciplinary action be likely to occur at a given meeting, the bargaining unit member shall be attached to the relevant critical material advised immediately of said possibility and shall be included as part advised by the Employer of the employee’s personnel file so long as 's right to representation. Discipline System It is agreed and understood that the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed with the employee. Employees and the Union Field Representative or Advocate will be provided with a copy following progressive system of any written notice of disciplinary action within forty‐eight (48) hours. FILE MATERIALS Material reflecting verbal or written warnings discipline shall be retained followed in disciplining bargaining unit members for a maximum of two (2) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removednon-compounded offenses.
Appears in 2 contracts
DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary employees shall be for Just Cause just cause only. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee may be subject to immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement which involves direct patient information shall be provided only after de- identification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. Any probationary employee may be discharged or disciplined by the Employer Operator in its sole discretion in accordance with local, state and federal law. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting investigations or disciplinary investigationmeetings. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used for disciplinary action shall include the following information, adjacent to the sentence which states that the employee’s signature on the form indicates that the employee has received a copy of the discipline, but the signature does not indicate agreement or disagreement with the content or information which led to the disciplinary action: “You may have the right to appeal this disciplinary action. For more information, you have the right to contact a union xxxxxxx advocate or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 1-866-371-3200.” Employees shall be entitled given an opportunity to place copies of read and respond in writing to any written explanation(s) disciplinary notices. A Union Field representative or opinion(s) regarding Advocate may meet and discuss any critical material placed in his/her personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part disciplinary action of the employee’s personnel file so long as the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed a union member with the employeeEmployer. Employees and the Union Field Representative or Advocate will be provided with a copy Copy of any written notice of disciplinary action within forty‐eight (48) hours. FILE MATERIALS Material reflecting verbal or written warnings shall be retained for a maximum of two (2) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary non-‐probationary employees shall be for Just Cause only. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee may be subject to immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement grievance which involves direct patient information shall cannot be provided only after de- identification of protected health information, in accordance with released without the HIPAA Privacy Rule, has been completedexpress approval by the resident. Any probationary employee may be discharged or disciplined by the Employer Operator in its sole discretion in accordance with local, state and federal lawdiscretion. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used for disciplinary action shall include the following information, adjacent to the sentence which states that the employee’s signature on the form indicates that the employee has received a copy of the discipline, but the signature does not indicate agreement or disagreement with the content or information which led to the disciplinary action: “You may have the right to appeal this disciplinary action. For more information, you have the right to contact a union xxxxxxx or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 1-866-371-3200Healthcare 775NW.” Employees shall be entitled given an opportunity to place copies of read and respond in writing to any written explanation(s) disciplinary notices. A Union Field representative or opinion(s) regarding Advocate may meet and discuss any critical material placed in his/her personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part disciplinary action of the employee’s personnel file so long as the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed a union member with the employeeEmployer. Employees and the Union Field Representative or Advocate will be provided with a copy Copy of any written notice of disciplinary action within forty‐eight forty-‐eight (48) hours. FILE MATERIALS Material reflecting verbal or written warnings shall be retained for a maximum of two (2) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removed.
Appears in 1 contract
Samples: Agreement
DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary employees shall be for Just Cause only. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee may be subject to immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement grievance which involves direct patient information cannot be released without the express approval by the resident or the resident’s responsible party and shall be provided only after de- identification deidentification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. Any probationary employee may be discharged or disciplined by the Employer Operator in its sole discretion in accordance with local, state and federal law. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used for disciplinary action shall include the following information, adjacent to the sentence which states that the employee’s signature on the form indicates that the employee has received a copy of the discipline, but the signature does not indicate agreement or disagreement with the content or information which led to the disciplinary action: “You may have the right to appeal this disciplinary action. For more information, you have the right to contact a union xxxxxxx or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 1-866-371-3200.” Employees shall be entitled given an opportunity to place copies of read and respond in writing to any written explanation(s) disciplinary notices. A Union Field representative or opinion(s) regarding Advocate may meet and discuss any critical material placed in his/her personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part disciplinary action of the employee’s personnel file so long as the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed a union member with the employeeEmployer. Employees and the Union Field Representative or Advocate will be provided with a copy Copy of any written notice of disciplinary action within forty‐eight (48) hours. FILE MATERIALS Material reflecting verbal or written warnings shall be retained for a maximum of two (2) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary employees shall be for Just Cause only. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee may be subject to immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement grievance which involves direct patient information cannot be released without the express approval by the resident or the resident’s responsible party, and shall be provided only after de- identification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. Any probationary employee may be discharged or disciplined by the Employer Operator in its sole discretion in accordance with local, state and federal law. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used for disciplinary action shall include the following information, adjacent to the sentence which states that the employee’s signature on the form indicates that the employee has received a copy of the discipline, but the signature does not indicate agreement or disagreement with the content or information which led to the disciplinary action: “You may have the right to appeal this disciplinary action. For more information, you have the right to contact a union xxxxxxx or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 1-866-371-3200.” Employees shall be entitled given an opportunity to place copies of read and respond in writing to any written explanation(s) disciplinary notices. A Union Field representative or opinion(s) regarding Advocate may meet and discuss any critical material placed in his/her personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part disciplinary action of the employee’s personnel file so long as the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed a union member with the employeeEmployer. Employees and the Union Field Representative or Advocate will be provided with a copy Copy of any written notice of disciplinary action within forty‐eight (48) hours. FILE MATERIALS Material reflecting verbal or written warnings shall be retained for a maximum of two (2) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removed.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary employees shall be for Just Cause only. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, the possibility of suspension without pay, and discharge), provided, however, an employee may be subject to immediate dismissal or suspension based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement grievance which involves direct patient information cannot be released without the express approval by the resident or the resident’s responsible party and shall be provided only after de- identification deidentification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. Any probationary employee may be discharged or disciplined by the Employer Operator in its sole discretion in accordance with local, state and federal law. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used for disciplinary action shall include the following information, adjacent to the sentence which states that the employee’s signature on the form indicates that the employee has received a copy of the discipline, but the signature does not indicate agreement or disagreement with the content or information which led to the disciplinary action.: “You may have the right to appeal this disciplinary action. For more information, you have the right to contact a union xxxxxxx or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 1-866-371-371- 3200.” Employees shall be entitled given an opportunity to place copies of read and respond in writing to any written explanation(s) disciplinary notices. A Union Field representative or opinion(s) regarding Advocate may meet and discuss any critical material placed in his/her personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part disciplinary action of the employee’s personnel file so long as the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed a union member with the employeeEmployer. Employees and the Union Field Representative or Advocate will be provided with a copy Copy of any written notice of disciplinary action within forty‐eight forty-eight (48) hours. FILE MATERIALS Material reflecting verbal Copies will be provided to the Union with the employee’s consent. Twelve (12) months without any disciplinary action will generally result in the last step not being considered. The Employer will notify the Union when circumstances result in the Employer determining that a specific discipline will be considered (egregious action or written warnings shall be retained behavior, for a maximum example) beyond the general rule of two twelve (212) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removedmonths.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISCIPLINE, DISCHARGE, AND JUST CAUSE. Discipline or discharge of non-probationary employees shall be for Just Cause only. The discipline process will include the concept of progressive discipline (i.e. verbal reprimand, written reprimands, and discharge), provided, however, an employee may be subject to immediate dismissal based on an egregious offense. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of Just Cause. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. Offenses warranting immediate termination shall include but not be limited to action or inaction that is abuse or neglect. A government finding of abuse or neglect is not required for a conclusion that the Bargaining Unit Employee’s action or inaction is defined as such. Information requested by the Union on behalf of an Employee in administration of the Agreement which involves direct patient information shall be provided only after de- identification of protected health information, in accordance with the HIPAA Privacy Rule, has been completed. Any probationary employee may be discharged or disciplined by the Employer in its sole discretion in accordance with local, state and federal law. No question concerning the disciplining or discharge of probationary employees shall be the subject of the grievance or arbitration procedure. Employees shall be notified of their right to request union representation at the beginning of any disciplinary meeting or disciplinary investigation. When the Employer requests a written statement in lieu of a meeting, the Employer shall notify the employee of their right to consult their Union Representative prior to the submission of the statement. All disciplinary action shall be taken within fourteen (14) working days from the date the Employer had knowledge of the information giving cause for the disciplinary action and/or has completed an investigation that results in disciplinary action. The personnel action form used for disciplinary action shall include the following information, adjacent to the sentence which states that the employee’s signature on the form indicates that the employee has received a copy of the discipline, but the signature does not indicate agreement or disagreement with the content or information which led to the disciplinary action: “You may have the right to appeal this disciplinary action. For more information, you have the right to contact a union xxxxxxx or representative of SEIU 775. Information about these rights is available at the Member Resource Center at 10-866000-371000-32000000.” Employees shall be entitled to place copies of any written explanation(s) or opinion(s) regarding any critical material placed in his/her personnel file. The employee’s explanation or opinion shall be attached to the relevant critical material and shall be included as part of the employee’s personnel file so long as the critical material remains in the file. Any employee explanation must be furnished within thirty calendar days from the date the critical material is reviewed with the employee. Employees and the Union Field Representative or Advocate will be provided with a copy of any written notice of disciplinary action within forty‐eight (48) hours. FILE MATERIALS Material reflecting verbal or written warnings shall be retained for a maximum of two (2) years. Disciplinary action which has been overturned and ordered removed from the official personnel file shall be removed.
Appears in 1 contract
Samples: Collective Bargaining Agreement