Common use of DISCIPLINE, DISCHARGE AND SUSPENSION Clause in Contracts

DISCIPLINE, DISCHARGE AND SUSPENSION. 1. The Berkshire Hills Education Association and each employee recognize the authority and responsibility of the District to reprimand and discipline an employee for just cause. No employee in the bargaining unit shall be discharged, disciplined, suspended, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause. If an employee is to be reprimanded or disciplined by a Building Principal or a member of the administration above the level of Building Principal, the employee shall have the right to have a member of the Berkshire Hills Education Association present. Any reprimand by a Building Principal or any member of the administration above the level of Building Principal shall be made in private. The presence or absence of just cause shall be subject to grievance and arbitration as provided in Article V unless the employee or Association proceeds to challenge the reprimand or discipline in a proceeding provided by statute including but not limited to Massachusetts General Laws, Chapter 71, Section 42, in which event neither the employee nor the Association shall use grievance or arbitration provided for in Article V of this agreement. If an employee or Association files a grievance under Article V which in any way involves a reprimand or discipline and proceeds to arbitration, both the employee and Association shall be deemed to have waived all rights to challenge the reprimand or discipline directly or indirectly in any court of law, in any administrative proceeding and before an arbitrator appointed under Massachusetts General Laws, Chapter 71, §42.