DISCIPLINE FOR MISCONDUCT. a. As used in this Agreement, “discipline” shall include written letters of reprimand; suspensions without pay of varying lengths; and discharge for reasons other than job performance. Discipline shall not include oral counseling or oral reprimands from a supervisor. Such matters are not grievable under this Agreement. Discipline also does not include performance evaluations or other documentation or actions relating to the job performance of an employee. Such matters are grievable only to the extent specified elsewhere in this Agreement. b. Except for those employees who may be discharged during their probationary period, the College shall not discipline or discharge any employee for disciplinary reasons except for just cause. “Just cause” shall be interpreted in accordance with the decisional guidance of the Vermont Supreme Court and Labor Relations Board. Factors considered by the Labor Board in considering the level of discipline to be imposed are listed in Appendix B. c. Just cause does not apply to the discharge of an employee due to cessation of funding from a grant nor does it apply to discharge for unsatisfactory job performance. The President shall be responsible for making all final discharge decisions. Discharge may be for disciplinary reasons or job performance reasons. A discharge resulting from unsatisfactory job performance must follow the standards and procedures set forth in Section 4 below and such judgment shall not be arbitrary or capricious. d. While not listing every potential reason for disciplinary action, the parties agree that discipline generally may be invoked against an employee for failure to follow rules, regulations, and policies of the College(s), insubordination and other misconduct. The College will use as a guide the twelve (12) factors listed in Appendix B when deciding upon the level of discipline in any given case. e. Where appropriate, the College may also require as part of disciplinary action: restitution, appropriate training or counseling, or other remedial action. f. The College reserves all rights to itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a violation of law. g. It is understood that, in any case involving discipline or discharge for disciplinary reasons under Section 3 of this Article, the College bears the burden of proving that there was just cause for such action. h. The Colleges will adhere to the principle of progressive discipline. However, the parties agree that every disciplinary matter must be judged on all surrounding circumstances and that the penalty imposed may vary depending on such circumstances. Some acts of misconduct may warrant a more serious penalty and lesser sanctions may not be appropriate.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
