Common use of DISCIPLINE/DISCHARGE Clause in Contracts

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will be offered an interview and Union representation to receive notice of discipline or discharge, or for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present; (b) Where circumstances permit, an Associate will be given an opportunity to confer with their committeeperson prior to and after issuance of discipline or discharge; (c) The Associate and the committeeperson will be given a copy of the discipline or discharge notice. If the Associate has refused representation, the Company will give the Union a copy of the notice within two working days (Mon - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary action.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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DISCIPLINE/DISCHARGE. 31.1 Discipline ‌ A. The District shall not reprimand, demote, suspend, or discharge an employee without just cause. The term “just cause” includes the concept of bargaining unit members shall be governed by progressive discipline, where appropriate. Progressive and corrective disciplinary action is designed to provide a fair and structured way for Employees to improve their job performance and/or behavior which do not meet the following:standards or demands of their position and to provide a system for fair and equitable treatment of those Employees who will not or cannot bring their performance up to expected standards. (a) An Associate will be offered an interview 1. It is the policy of the District, through a progressive and Union representation corrective discipline system, to receive notice of discipline or discharge, or for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present; (b) Where circumstances permit, an Associate will be given give Employees an opportunity to confer with improve their committeeperson prior job performance and/or behavior which does not meet the standards or demands of their position. An Employee may be summarily dismissed only in the event of gross misconduct. The goal of the progressive and corrective discipline system is to and after issuance of discipline correct or discharge; (c) The Associate improve unsatisfactory performance/behavior and the committeeperson measures utilized will be commensurate with the deficiency to be corrected. 2. Progressive and corrective disciplinary action may begin at any of the steps defined below, depending on the seriousness of the offense committed, the frequency of occurrence, or the cumulative effect of multiple minor infractions. Verbal warnings or written reprimands may be administered by the employee’s immediate supervisor, or the Fire Chief. A demotion, suspension or discharge shall be administered by the Fire Chief. a. Verbal Warning/Reprimand - A verbal warning or reprimand is given to the Employee for the first occurrence of a minor offense. b. Written Warning/Reprimand - A written or formal warning is given to the Employee in the first instance of more serious offenses or after repeated instances of minor offenses. The warning states the nature of the offense and specifies any future disciplinary action which may be taken against the Employee if the offense is repeated. A copy of the discipline or discharge notice. If written warning is placed in the Associate has refused representationEmployee’s personnel file, the Company will give the Union a copy of the notice within two working days but it is removed eighteen (Mon - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d18) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from months following the date of on which it was given if the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working daysintervening service has been satisfactory. The suspension shall be for Employee is required to read and sign the purpose of allowing formal warning and has the Company time right to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of appeal if the Company to issue discipline at Employee thinks the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who warning is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionunjustified.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline A. The District shall not reprimand, demote, suspend, or discharge an employee without just cause. The term “just cause” includes the concept of bargaining unit members shall be governed by progressive discipline, where appropriate. Progressive and corrective disciplinary action is designed to provide a fair and structured way for Employees to improve their job performance and/or behavior which do not meet the following:standards or demands of their position and to provide a system for fair and equitable treatment of those Employees who will not or cannot bring their performance up to expected standards. (a) An Associate will be offered an interview 1. It is the policy of the District, through a progressive and Union representation corrective discipline system, to receive notice of discipline or discharge, or for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present; (b) Where circumstances permit, an Associate will be given give Employees an opportunity to confer with improve their committeeperson prior job performance and/or behavior which does not meet the standards or demands of their position. An Employee may be summarily dismissed only in the event of gross misconduct. The goal of the progressive and corrective discipline system is to and after issuance of discipline correct or discharge; (c) The Associate improve unsatisfactory performance/behavior and the committeeperson measures utilized will be commensurate with the deficiency to be corrected. 2. Progressive and corrective disciplinary action may begin at any of the steps defined below, depending on the seriousness of the offense committed, the frequency of occurrence, or the cumulative effect of multiple minor infractions. Verbal warnings or written reprimands may be administered by the employee’s immediate supervisor, or the Fire Chief. A demotion, suspension or discharge shall be administered by the Fire Chief. a. Verbal Warning/Reprimand - A verbal warning or reprimand is given to the Employee for the first occurrence of a minor offense. b. Written Warning/Reprimand - A written or formal warning is given to the Employee in the first instance of more serious offenses or after repeated instances of minor offenses. The warning states the nature of the offense and specifies any future disciplinary action which may be taken against the Employee if the offense is repeated. A copy of the discipline or discharge notice. If written warning is placed in the Associate has refused representationEmployee’s personnel file, the Company will give the Union a copy of the notice within two working days but it is removed eighteen (Mon - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d18) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from months following the date of on which it was given if the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working daysintervening service has been satisfactory. The suspension shall be for Employee is required to read and sign the purpose of allowing formal warning and has the Company time right to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of appeal if the Company to issue discipline at Employee thinks the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who warning is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionunjustified.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected officer may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate officer, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the officer's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an opportunity employee pursuing the appeal procedures in this Article sign a waiver of the right to confer pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with their committeeperson the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee’s immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee’s personnel files, prior to and after issuance each of discipline the appeal hearings. Any employee or discharge; (c) The Associate and the committeeperson will be given his/her representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy meeting with the aggrieved party and representative, if any, for the employee to present evidence on his/her behalf. (B) The Chief of Police shall, within five (5) working days of the notice within two working days (Mon - Fri). This notice will specify meeting, render a decision and reasons therefore in writing to the nature of all alleged violations, the discipline or discharge imposed aggrieved party and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or a) That all discipline including discharge of bargaining unit members shall be governed for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the following:Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (a2) An Associate Letters of reprimand will be offered effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an interview employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. e) The City and Union representation the Association agree to receive notice use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or dischargerequesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or for situations that by email, within ten (10) working days after receiving the notification of discipline. The employee and/or his/her two (2) designated representatives may result in discipline or discharge. If an Associate requests representationreview investigative files, recommendations, documents and other evidence pertaining to the interview shall not occur until case, as well as the committeeperson is present; (b) Where circumstances permitemployee's personnel files, an Associate will be given an opportunity to confer with their committeeperson prior to and after issuance each of discipline the appeal hearings. Any employee or discharge; (c) The Associate and the committeeperson will be given his/her representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. A. Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the notice within two working days (Mon - Fri). This notice will specify meeting, render a decision and reasons therefore in writing to the nature of all alleged violations, the discipline or discharge imposed aggrieved party and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein sha l l include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an opportunity employee pursuing the appeal procedures in this Article sign a waiver of the right to confer pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with their committeeperson the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to and after issuance implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or discharge;requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. (c1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The Associate employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the committeeperson will be given case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. (B) The Chief of Police shall, within five (5) working days of the notice within two working days (Mon - Fri). This notice will specify meeting, render a decision and reasons therefore in writing to the nature of all alleged violations, the discipline or discharge imposed aggrieved party and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an opportunity employee pursuing the appeal procedures in this Article sign a waiver of the right to confer pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with their committeeperson the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to and after issuance implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or discharge;requesting an appeal. Generally the employee’s immediate supervisor will notify the employee of the recommendation for discipline. (c1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The Associate employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the committeeperson will be given case, as well as the employee’s personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. (B) The Chief of Police shall, within five (5) working days of the notice within two working days (Mon - Fri). This notice will specify meeting, render a decision and reasons therefore in writing to the nature of all alleged violations, the discipline or discharge imposed aggrieved party and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitPrior to the use of any Artificial Intelligence (AI) or new technology in the employee investigation or discipline process, an Associate the City and Association will be given an opportunity to meet and confer with their committeeperson prior to and after issuance over the parameters of discipline or discharge;such use. (c) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The Associate term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the committeeperson will Association shall meet and establish a form or format to be given a copy of the discipline or discharge notice. If the Associate has refused representation, the Company will give the Union a copy of the notice within two working days (Mon - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided used for the conference;purpose of letters of reprimand. (e) Discipline Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives their right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be issued not later than fifteen (15) workdays from conducted in accordance with the date rules of the infraction or from Commission. (2) In cases where the date that employee has chosen to go to arbitration without the Company becomes aware concurrence of the infractionAssociation, whichever is later;the employee shall be liable for the normal shared costs of arbitration. (f) The Company City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or their two (2) designated representatives may suspend an Associate pending investigation without payreview investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee's personnel files, prior to each of the appeal hearings. Any employee or their representative, if electing to appeal, may obtain a copy of the entire Internal Affairs investigative file of the subject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Chief of Police shall examine the relevant evidence and shall schedule a meeting with the aggrieved party and representative, if any, for a period not the employee to exceed fifteen present evidence on his behalf. (15B) The Chief of Police shall, within five (5) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure days of the Company meeting, render a decision and reasons therefore in writing to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline aggrieved party and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 1 contract

Samples: Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his review may withdraw, modify or affirm the letter of reprimand. At any time, the affected officer may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate officer, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the officer's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given an opportunity effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to confer with their committeeperson prior to the original incident, thereafter shall be of no further effect and after issuance shall be removed from files upon request of discipline or discharge;the affected employee. (c3) The Associate Chief and the committeeperson will Association shall meet and establish a form or format to be given a copy used for the purpose of the discipline or discharge notice. If the Associate has refused representation, the Company will give the Union a copy letters of the notice within two working days (Mon - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri);reprimand. (d) Associates Each regular employee who are suspended has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or discharged Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will be given require that an opportunity to confer with their committeeperson prior to leaving employee pursuing the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date appeal procedures in this Article sign a waiver of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not right to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary action.pursue Civil Service

Appears in 1 contract

Samples: Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives their right to pursue the arbitration appeal procedures available at the City Manager’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an opportunity employee pursuing the appeal procedures in this Article sign a waiver of the right to confer pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with their committeeperson the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to and after issuance implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or discharge;requesting an appeal. Generally the employee’s immediate supervisor will notify the employee of the recommendation for discipline. (c1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The Associate employee and/or their two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the committeeperson will be given case, as well as the employee’s personnel files, prior to each of the appeal hearings. Any employee or their representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy of meeting with the notice within two working days (Mon - Fri). This notice will specify aggrieved party and representative, if any, for the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided employee to the Chairperson of the committee within two working days (Mon - Fri);present evidence on his behalf. (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (fB) The Company may suspend an Associate pending investigation without payChief of Police shall, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary action.within five

Appears in 1 contract

Samples: Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline 37.1 For Just Cause The Employer may discipline an employee for just cause subject to the following procedure: a) Confidentiality - The Employer agrees that a complaint against an employee, whether or discharge of bargaining unit members not it is recorded in the employee's file, and any resulting disciplinary action, shall be governed treated as confidential by the following:Employer until a resolution has been achieved. If discussion of the matter is necessary in a meeting of the Board, it shall be 'in camera'. (ab) An Associate will be offered an interview and Union representation employee is entitled, prior to receive notice the imposition of discipline any form of discipline, or of discharge, or for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present; (b) Where circumstances permit, an Associate will to be given an opportunity to confer notified at a meeting with their committeeperson prior to and after issuance of discipline or discharge; (c) The Associate and the committeeperson will be given a copy representative of the discipline or discharge notice. If the Associate has refused representation, the Company will give the Union a copy Employer of the notice reasons for considering such action. This meeting must be held within two twenty (20) working days (Mon - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of on which the infraction or from the date that the Company Employer becomes aware of the infractionalleged incident(s) which gave rise to the complaint. The employee shall be accompanied to such a meeting by a Union representative who shall be advised in advance by the Employer of the time and the place of the meeting. c) An employee must be notified in writing of the grounds for each and every form of disciplinary action and/or discharge. The Union must be provided with a copy of this written notice within twenty-four (24) hours of the issuing of the disciplinary action or discharge. In subsequent grievance procedures, whichever is later;including arbitration, the Employer shall be limited to such grounds as are stated in this written notice, except in those discharge cases where new grounds that were not known to the Employer on the date or discharge subsequently become known. d) Where an in-camera session involves disciplinary action against an employee, the Shop Xxxxxxx or a Union Representative shall have the right to address that session and answer questions on the matter, but shall not be present for the decision on the matter. e) All forms of disciplinary action, including discharge, taken by the Employer against the employee, shall be subject to Article 28 (Grievance Procedure) of this Agreement. f) The Company may suspend an Associate pending investigation without payIf, for a period not to exceed fifteen in the eighteen (1518) working days. The suspension shall be for months after the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses issuance of a serious or complex nature. Failure of warning letter, no further disciplinary action is recorded against the Company to issue discipline at employee, the conclusion of a suspension pending investigation warning letter and any previous warning letters shall bar issuance of discipline automatically be removed from the employee's record and the Associate will may not be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionheld against him/her thereafter.

Appears in 1 contract

Samples: Collective Agreement

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DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his/her review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an opportunity employee pursuing the appeal procedures in this Article sign a waiver of the right to confer pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with their committeeperson the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to and after issuance implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or discharge;requesting an appeal. Generally the employee’s immediate supervisor will notify the employee of the recommendation for discipline. (c1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The Associate employee and/or his/her two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the committeeperson will be given case, as well as the employee’s personnel files, prior to each of the appeal hearings. Any employee or his/her representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy of meeting with the notice within two working days (Mon - Fri). This notice will specify aggrieved party and representative, if any, for the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided employee to the Chairperson of the committee within two working days (Mon - Fri);present evidence on his behalf. (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (fB) The Company may suspend an Associate pending investigation without payChief of Police shall, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary action.within five

Appears in 1 contract

Samples: Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected officer may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate officer, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the officer's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives their right to pursue the arbitration appeal procedures available at the City Manager’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an opportunity employee pursuing the appeal procedures in this Article sign a waiver of the right to confer pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or requesting an appeal. Generally the employee’s immediate supervisor will notify the employee of the recommendation for discipline. (1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The employee and/or their committeeperson two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the case, as well as the employee’s personnel files, prior to and after issuance each of discipline the appeal hearings. Any employee or discharge; (c) The Associate and the committeeperson will be given their representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy meeting with the aggrieved party and representative, if any, for the employee to present evidence on their behalf. (B) The Chief of Police shall, within five (5) working days of the notice within two working days (Mon - Fri). This notice will specify meeting, render a decision and reasons therefore in writing to the nature of all alleged violations, the discipline or discharge imposed aggrieved party and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 1 contract

Samples: Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members JUST CAUSE Section 1 - The Employer agrees that discipline shall be governed for just cause only. An employee may file a grievance concerning disciplinary action against him/her. Section 2 - The parties recognize the principles and need for a method by the followingwhich progressive discipline shall be provided. The Employer will administer progressive discipline as follows: a. First written warning. b. Second written warning c. A final warning and disciplinary suspension of up to three (a3) An Associate scheduled work days. d. Suspension pending investigation and decision to discharge. Section 3 - The progressive disciplinary steps described in Section 2 will not be applied, and employees will be offered an interview and Union representation subject to receive notice suspension or summary discharge in cases of discipline or dischargeserious misconduct, such as gross insubordination; fraud, theft, or misappropriation of company or client funds or property; punching in or out for situations that may result in discipline another employee or discharge. If an Associate requests representationany other falsification of records; vandalism; use, possession, sale, distribution, or being under the influence while at work of alcoholic beverages or illegal drugs or other controlled substances; possession of firearms or illegal weapons at the work place or while on duty; engaging in, abetting, or threatening violence, physical harm, or abuse of fellow employees, management, or customers; or other conduct of a similar nature, seriousness, or culpability. Section 4 - In any disciplinary proceeding, the interview shall Employer may not occur until consider and/or utilize any material adverse to the committeeperson is present; employee that occurred more than twelve (b12) Where circumstances permit, an Associate will be given an opportunity to confer with their committeeperson months prior to and after issuance of discipline or discharge;the current disciplinary action, provided no other disciplinary action has been taken against the individual within those twelve (12) months. (c) The Associate and the committeeperson will be given a copy of the discipline or discharge notice. If the Associate has refused representation, the Company will give the Union a copy of the notice within two working days (Mon Section 5 - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice An employee shall be provided permitted to have a Shop Xxxxxxx or Union Representative at any meeting with the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended Employer, or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plantits agents, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever which meeting is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing investigating alleged misconduct by the Company time to investigate acts of misconduct, violations of Work Rulesemployee that might be the basis for, or which may result in, discharge, suspension or other offenses of disciplinary action with respect to the employee. If the employee indicates that he/she wishes a serious xxxxxxx to be present, and one is not available, the disciplinary meeting shall be temporarily postponed unless it is suspension or complex naturesuspension with intent to discharge. Failure In such cases, another bargaining unit person of the Company employee's choosing shall be asked to issue discipline at the conclusion of sit in as a witness. If it is not a suspension pending investigation or suspension with intent to discharge, the discipline shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended delayed until the Associate is available to complete the investigation or disciplinary actionemployee's next shift.

Appears in 1 contract

Samples: Collective Bargaining Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge 10.1 The Employer shall have the right to discipline a Registered Nurse, up to and including discharge, for reasonable cause only which encompasses the concept of bargaining unit members progressive discipline. 10.2 Disciplinary reports shall remain in the employee’s personnel file. However, any minor disciplinary action, for which there has been no recurrence in a twelve (12) month period, shall not be used as a foundation for subsequent discipline, and minor disciplinary report shall be governed removed at the beginning of the thirteenth (13) month. Disciplinary action involving egregious behavior such as substance abuse, falsification of records, sleeping on the job, and work related criminal violations shall not be removed from personnel file. Moreover, HIPPA reportable events shall remain in the personnel file as required by federal and state laws and shall not be removed. 10.3 A Registered Nurse shall have the following: (a) An Associate will right to request an Association Representative to be offered an interview and Union representation to receive notice of discipline present at any meeting with supervisors or dischargemanagement in which such meetings are investigatory, accusatory, or for situations that may result disciplinary in discipline or dischargenature. If A Registered Nurse who is only a witness in an Associate requests representation, the interview shall not occur until the committeeperson is present; (b) Where circumstances permit, an Associate investigation will be given twenty‐four (24) hours notice prior to the meeting in order to have an opportunity to meet and confer with their committeeperson prior representative. A witness is not entitled to an Association Representative, unless agreed to in advance by the employer on a non‐precedent setting basis. It is agreed that the witness confidentiality rules are applied to the both employee and after issuance of discipline or discharge; (c) their representative. The Associate and the committeeperson will be given a copy of the discipline or discharge notice. If the Associate has refused representation, the Company will give the Union a copy of the notice within two working days (Mon - Fri). This notice will specify the nature of all alleged violations, the discipline or discharge imposed and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice witness Registered Nurse shall be provided advised that his/her obligation is to cooperate, speak the Chairperson of truth and whatever is shared with the committee within two working days (Mon - Fri); (d) Associates who are suspended individual administering the investigation, accusation or discharged discipline, will not be given an opportunity used against the “witness” Registered Nurse unless the same “witness” Registered Nurse admits to confer with their committeeperson prior to leaving wrongdoing against the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working daysdistrict. The suspension supervisor/ representative will advise the Registered Nurse whenever the meeting is to be investigatory, accusatory, or disciplinary as to that individual. The Employee’s representative shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Ruleseither an Association Representative, or other offenses State or Local Association Representative. The representative shall be chosen by the Registered Nurse and shall be present and available promptly upon the Registered Nurse’s request. If Hospital operations do not permit prompt availability of the requested representative, the requested representative shall be made available as soon as reasonably possible thereafter. The Association agrees that if a representative requested by the Employee is not promptly available, and the representative’s availability is not due to Hospital operations, the Association shall make another representative available for the meeting as soon as reasonably possible. 10.4 The Employer may place a Registered Nurse on paid administrative leave pending investigation to determine whether disciplinary action is, in fact, warranted; to protect the integrity of an investigation; or to protect the safety of persons or property. The placement of a serious or complex natureRegistered Nurse on paid administrative leave shall not be considered disciplinary and shall not be subject to the grievance procedure; provided, however, that any disciplinary action arising out of an investigation where the Registered Nurse has been placed on paid administrative leave is subject to the grievance procedure. 10.5 A Registered Nurse who is discharged shall be entitled to receive all accrued benefits as provided elsewhere in the Agreement less any sums due the Employer. 10.6 Registered Nurses may review their personnel files upon request. Failure Review of files shall take place during business hours of the Company Employer’s Human Resources Department. 10.7 An Association Representative, upon written request and authorization by a Registered Nurse, may examine the Registered Nurse’s personnel file. If requested, the Registered Nurse shall receive copies of any item of the file that pertains to issue discipline at any matter for which the conclusion of Registered Nurse is being represented. 10.8 Material will be removed or otherwise deleted from the personnel file in the event a suspension pending investigation shall bar issuance of discipline Registered Nurse and the Associate will Employer agree that the material is incorrect or it is determined to be compensated for all time lost; (g) In incorrect as a result of the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actiongrievance procedure.

Appears in 1 contract

Samples: Memorandum of Understanding

DISCIPLINE/DISCHARGE. 31.1 Discipline or a) That all discipline including discharge of bargaining unit members shall be governed for just cause, and shall be imposed without unreasonable delay, subject only to the need for thorough investigation. b) Prior to the use of any Artificial Intelligence (AI) or new technology in the employee investigation or discipline process, the City and Association will meet and confer over the parameters of such use. c) That "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. 1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the following:Chief of Police and not subject to arbitration. The Chief, upon completion of their review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (a2) An Associate Letters of reprimand will be offered effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. 3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. e) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives their right to pursue the arbitration appeal procedures available at the City Manager's level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an interview employee pursuing the appeal procedures in this Article sign a waiver of the right to pursue Civil Service remedies. 1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with the rules of the Commission. 2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. f) The City and Union representation the Association agree to receive notice use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or dischargerequesting an appeal. Generally the employee's immediate supervisor will notify the employee of the recommendation for discipline. 1) If the employee elects to appeal, he/she shall notify the Chief of Police, in writing or for situations that by email, within ten (10) working days after receiving the notification of discipline. The employee and/or their two (2) designated representatives may result in discipline or discharge. If an Associate requests representationreview investigative files, recommendations, documents and other evidence pertaining to the interview shall not occur until case, as well as the committeeperson is present; (b) Where circumstances permitemployee's personnel files, an Associate will be given an opportunity to confer with their committeeperson prior to and after issuance each of discipline the appeal hearings. Any employee or discharge; (c) The Associate and the committeeperson will be given their representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. A. Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. B. The Chief of Police shall, within five (5) working days of the notice within two working days (Mon - Fri). This notice will specify meeting, render a decision and reasons therefore in writing to the nature of all alleged violations, the discipline or discharge imposed aggrieved party and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 1 contract

Samples: Labor Agreement

DISCIPLINE/DISCHARGE. 31.1 Discipline or discharge of bargaining unit members shall be governed by the following: (a) An Associate will That all discipline including discharge shall be offered an interview for just cause, and Union representation shall be imposed without unreasonable delay, subject only to receive notice of discipline or discharge, or the need for situations that may result in discipline or discharge. If an Associate requests representation, the interview shall not occur until the committeeperson is present;thorough investigation. (b) Where circumstances permitThat "just cause" for any discipline as defined hereinafter, including discharge, is subject to appeal and review under the procedures set out below, expressly including final and binding arbitration. (1) The term "discipline" as used herein shall include discharge, demotion, suspension and written reprimands; provided, however, that a formal written letter of reprimand shall only be subject to review by the Chief of Police and not subject to arbitration. The Chief, upon completion of his review may withdraw, modify or affirm the letter of reprimand. At any time, the affected employee may submit a written statement responding to the letter of reprimand and such statement shall be included in the official department and/or divisional personnel file(s). As used herein, "formal letter of reprimand" or "letter of reprimand" is understood and defined as being those letters customarily issued by supervisors advising and reprimanding an Associate employee, of and for certain designated and established specific failure(s) in performance, regarding departmental policies, rules and regulations, and which letters of reprimand are placed in the employee's official department and/or divisional personnel file(s). (2) Letters of reprimand will be given effective for a period of twelve (12) months following date of incident and, provided there are no intervening reprimands or more severe disciplinary action having a same or similar relationship to the original incident, thereafter shall be of no further effect and shall be removed from files upon request of the affected employee. (3) The Chief and the Association shall meet and establish a form or format to be used for the purpose of letters of reprimand. (d) Each regular employee who has been disciplined shall have the option of pursuing the appeal procedures set out below, subject to the Association's right to be a participant in all arbitration proceedings, or Civil Service remedies for reviewing the discipline imposed. Any employee choosing to pursue remedy under Civil Service, waives his/her right to pursue the arbitration appeal procedures available at the City Manager’s level and above as delineated below, and such remedy shall no longer be available to that employee. The City will require that an opportunity employee pursuing the appeal procedures in this Article sign a waiver of the right to confer pursue Civil Service remedies. (1) If the employee elects to appeal to the Civil Service Commission, then a hearing will be conducted in accordance with their committeeperson the rules of the Commission. (2) In cases where the employee has chosen to go to arbitration without the concurrence of the Association, the employee shall be liable for the normal shared costs of arbitration. (e) The City and the Association agree to use the Discipline Review Board process, as outlined in Departmental Policy, to recommend discipline to the Chief of Police. Both parties agree to negotiate any changes to the current process prior to and after issuance implementation. When a recommendation for discipline has been made as the result of an internal investigation, the employee has the option of accepting the recommended discipline or discharge;requesting an appeal. Generally the employee’s immediate supervisor will notify the employee of the recommendation for discipline. (c1) If the employee elects to appeal, he shall notify the Chief of Police, in writing or by email, within ten (10) working days after receiving the notification of discipline. The Associate employee and/or his two (2) designated representatives may review investigative files, recommendations, documents and other evidence pertaining to the committeeperson will be given case, as well as the employee’s personnel files, prior to each of the appeal hearings. Any employee or his representative, if electing to appeal, may obtain a copy of the discipline or discharge notice. If entire Internal Affairs investigative file of the Associate has refused representationsubject investigation. (A) Within ten (10) working days after receipt of the appeal request, the Company will give Chief of Police shall examine the Union relevant evidence and shall schedule a copy meeting with the aggrieved party and representative, if any, for the employee to present evidence on his behalf. (B) The Chief of Police shall, within five (5) working days of the notice within two working days (Mon - Fri). This notice will specify meeting, render a decision and reasons therefore in writing to the nature of all alleged violations, the discipline or discharge imposed aggrieved party and the effect of future violations. Where such notice of discipline or discharge is by mail without a personal interview of the Associate, then a copy of the notice shall be provided to the Chairperson of the committee within two working days (Mon - Fri); (d) Associates who are suspended or discharged will be given an opportunity to confer with their committeeperson prior to leaving the plant, circumstances permitting. A private area will be provided for the conference; (e) Discipline will be issued not later than fifteen (15) workdays from the date of the infraction or from the date that the Company becomes aware of the infraction, whichever is later; (f) The Company may suspend an Associate pending investigation without pay, for a period not to exceed fifteen (15) working days. The suspension shall be for the purpose of allowing the Company time to investigate acts of misconduct, violations of Work Rules, or other offenses of a serious or complex nature. Failure of the Company to issue discipline at the conclusion of a suspension pending investigation shall bar issuance of discipline and the Associate will be compensated for all time lost; (g) In the event that an Associate who is the target of a Company investigation or discipline is not available for any reason, thereby making the Company's investigation incomplete or issuance of discipline or discharge difficult, then all time limits are suspended until the Associate is available to complete the investigation or disciplinary actionAssociation President.

Appears in 1 contract

Samples: Labor Agreement

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