DISCIPLINE OF EMPLOYEES. Section 1 Employees may be disciplined, suspended, and discharged only for a reason that is not arbitrary or capricious. The employer shall utilize corrective, progressive, discipline in such cases and shall initiate action within thirty (30) days of becoming aware of an employee’s conduct giving rise to such action. The progressive discipline steps may include: verbal warning, written warning or written reprimand, suspension with or without pay, and discharge. It is understood and agreed that corrective progressive discipline allows the Board to skip lower levels of discipline and impose higher levels of discipline, including discharge, so long as there is just cause for the discipline which is imposed based upon the employee’s conduct or disciplinary history. Notice of verbal warning shall be documented in writing and labeled “verbal warning” with a copy presented to the employee and a copy placed in the employee’s personnel file. All forms of written discipline shall be presented to the employee and a copy shall be placed in the employee’s personnel file. Verbal warning notices shall be removed from the personnel file two (2) years after their issuance, providing there is no further disciplinary action during the two (2) year period. If there is further disciplinary action within this two-year period, the verbal warning notice permanently will remain in the personnel file.
Section 2 All employees shall be entitled upon request to have present an Association representative during any disciplinary action or any investigation that may lead to disciplinary action.
Section 3 When any material, other than necessary employment information, is to be placed in a bargaining unit member’s personnel file, the affected bargaining unit member shall review and sign and date said material. Such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material. The preceding statement shall be placed on any such material to be placed in an employee’s personnel file immediately adjacent to the employee signature. If an employee refuses to sign such material, the refusal shall be noted on the material and the material shall be placed in the employee’s personnel file.
DISCIPLINE OF EMPLOYEES. Section 1. Any action or behavior which reflects discredit upon the City or is a direct hindrance to the effective performance of the City's municipal governmental and proprietary functions may be considered good cause for disciplinary action against an employee and such actions or behavior which may be considered good cause for disciplinary action shall include, but not be limited to the following:
A. Habitual use of intoxicating beverages to excess or the use of narcotics.
B. Being adjudged guilty of a felony or a misdemeanor involving moral turpitude or disgraceful conduct.
C. Taking intoxicating beverages, or being intoxicated, while on duty.
D. Engaging in improper political activity as defined in Article IXA, Section 8, of the Charter of the City of Lincoln, Nebraska.
E. Offensive conduct or language toward the public or toward City officers or employees.
F. Lacking either mental or physical competence to perform assigned duties.
G. Damaging or being negligent in the care and handling of City property.
H. Violating any lawful and reasonable regulations or directives made or given by a superior.
I. Inducing or attempting to induce any officer or employee in the City service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order, or participating therein.
J. Using or attempting to use personal or political influence or bribery to secure an advantage in an examination or promotion, leave of absence, transfer, change of grade, pay or character of work.
K. Failing to pay just debts due or owing or failing to make reasonable provisions for future payment of such debts, thereby causing annoyance to officials of the City, or embarrassment to the City.
L. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be made grounds for disciplinary action by the Department Head. In the absence of such disciplinary action, any employee who absents himself for three or more continuous days without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head by a subsequent grant of leave with or without pay where extenuating circumstances are found to have existed.
M. Repeated violations of State laws or City ordinances relating to the operation of a motor vehicle or a bus.
N. The employee has failed to maintain a satisfactory attendance record whereby a pattern of excessive sick leave and unexcused leave...
DISCIPLINE OF EMPLOYEES. A. No employee shall be disciplined, reprimanded, reduced in rank or compensation without just cause. Any such discipline, reprimand, reduction in rank or compensation by the Board or representatives thereof, shall be done in privacy. The employee shall be informed of the basis for disciplinary action and will be provided with all information concerning the basis for this action. The first sentence of this section shall not apply to the termination of a probationary employee.
B. The parties recognize the merits of progressive discipline. It is therefore agreed that progressive discipline generally will be exercised and will include steps as follow: verbal warning, written warning, written reprimand, suspension with or without pay, and discharge as a final and last resort. One or more progressive steps may be skipped dependent upon the seriousness of the incident. Alleged breaches of discipline shall be brought to the employee's attention promptly, however the administration may delay doing so while it investigates if it is believed calling the issue to the attention of the employee will jeopardize the investigation and it involves conduct which would constitute criminal activity.
C. An employee shall be notified, in advance, of the purpose of a meeting in which disciplinary action is to occur, and the employee shall be entitled to have an Association representative present.
D. Written notice of discharge or suspension shall be presented to the employee and the Association the same day.
DISCIPLINE OF EMPLOYEES. A. In the case of a dismissal, demotion, discharge or suspension of an employee, the Association President shall be advised of the reasons for dismissal, discharge or suspension, as soon as reasonably possible. Written notification of dismissal, suspension, or other disciplinary action shall be sent to the employee and the Association. Causes which shall be deemed sufficient for suspension, demotion, dismissal or other disciplinary action include, but are not limited to, the following:
1. Unauthorized or excessive absence from work.
2. Commitment or conviction of any criminal act.
3. Disorderly or immoral conduct involving students.
4. Incapacity to perform essential job functions due to mental or physical disability.
5. Incompetency or inefficiency.
DISCIPLINE OF EMPLOYEES. No employee shall be disciplined or deprived of any professional benefits without just cause. No employee shall be publicly reprimanded. If disciplinary action is warranted, the following procedures will be followed. For first offense situations and any subsequent offenses where such action is deemed appropriate, an oral warning will be issued at a conference held for that purpose. Subsequent offenses of the same type may subject the employee to letters of reprimand. Subsequent offenses of a different type will normally be preceded by an oral warning unless the employee is repetitively in violation of established rules and/or practices in which case a letter of reprimand may be issued directly. Offenses occurring subsequent to the issuance of a letter of reprimand shall be dealt with by the administration as may be deemed appropriate. For offenses of a serious nature, immediate corrective action may be taken up to and including termination of services. However, the severity of any disciplinary action shall be commensurate to the offense. An employee shall have the right to a representative of his/her choice at any conference which may reasonably be expected to lead to disciplinary action. Although it is management’s prerogative to initiate disciplinary action, an employee who disagrees with the disciplinary action shall submit a grievance directly to Step 3 of the grievance procedure.
DISCIPLINE OF EMPLOYEES. Section 1 Employees may be disciplined, suspended, and discharged only for good reason. The employer shall utilize corrective progressive discipline in such cases and shall initiate action within thirty (30) workdays of becoming aware of an employee’s conduct giving rise to such action. It is understood and agreed that corrective progressive discipline allows the Board to skip lower levels of discipline and impose higher levels of discipline, including discharge, so long as there is good reason for the discipline which is imposed based upon the employee’s conduct and/or disciplinary history.
Section 2 Should the disciplinary action be reversed through the grievance process, the related records shall be amended or expunged from the employee’s personnel file.
Section 3 In all cases involving disciplinary action or discharge, union representation shall be made available prior to such action, except in cases involving probationary employees.
DISCIPLINE OF EMPLOYEES. A. When the Employer feels disciplinary action is warranted, such action must be taken within five (5) business days of the date the Employer became aware of the conditions giving rise to the discipline.
B. The responsibility of discipline and/or discharge of Employees is vested in the Board or its designated representatives.
C. The Board shall submit written notification of any discipline or discharge of an employee to the Employee and the Association within five (5) business days of the discipline being enacted.
D. In any case of discipline or discharge, the Employee shall have the right to Association representation at any meeting or hearing scheduled for the purpose of discipline or discharge.
E. Before any reference to or the actual complaint from a student, parent, or any person is entered into an employee's personnel file, it must be brought to the attention of the Employee within ten (10) business days of the complaint. The Employee shall be permitted to attach a written response to any complaint placed in the personnel file. The Employee shall have the right to challenge the validity of any complaint and the placement of said complaint into his/her personnel file within thirty (30) business days.
F. After one year an Employee may request a hearing for the removal of a written reprimand placed in his/her file.
G. Employees shall be subject todisciplinary action for reasons such as, but not limited to, insubordination or violation of Employer's rules and regulations.
H. Employee(s) that exhausted their sick bank due to required quarantine from COVID- 19 exposure or illness during the 2020-2021 school year, will not receive discipline for lack of sick days for the 2021-2022 school year.
I. Administrative action which results in a discharge of an Employee shall be immediately subject to the Board of Education level of the Grievance Procedure at the discretion of the Association.
J. No Employee shall be disciplined without just cause. Due process shall be followed in all discipline cases.
DISCIPLINE OF EMPLOYEES. A. It is recognized by the Board and the Union that the immediate supervisor, as designated by the Board, may issue warnings and reprimands to employees. Accumulations of such reports may lead to dismissal. Copies of warnings and reprimands will be distributed to the Office of Human Resources/Legal Affairs, the employee, and the Union.
B. The discipline of any probationary employee will not be covered by this Article and shall not be subject to grievance.
C. No member of the bargaining unit will be disciplined without just cause. Just cause will include, but not be limited to:
1. Unsatisfactory job performance;
2. Repeated absence or tardiness;
3. Unauthorized absence;
4. Violations of policies or conditions of employment;
DISCIPLINE OF EMPLOYEES. A. No employee, with the exception of probationary employees, shall be disciplined without just cause.
B. Disciplinary action shall be defined as any written reprimand, suspension without pay, or discharge.
C. An employee, at his/her own request, shall be entitled to have present an Association representative when any discipline is being exercised.
D. Whenever disciplinary action is reduced to writing by the supervisor, the findings and decisions of the supervisor shall be filed, in writing, in the employee’s personnel file, and a copy thereof given to the employee. If the employee disagrees with the findings or decision, he/she may submit a statement to be filed with the supervisor’s statement.
E. The Association agrees that the employer has just cause to discharge any employee who:
1. Is convicted of any felony.
2. Is convicted of any misdemeanor involving moral turpitude or theft, conversion, embezzlement, intentional destruction or damage to property of the employer.
3. Is absent for three (3) consecutive days without notifying the employer. Exceptions may be made in case of extenuating circumstances.
4. Does not return from sick leave or leaves of absence, exceptions may be made in extenuating circumstances.
5. Is under the influence of intoxicants or drugs while on the job.
6. Consumes or sells intoxicants or drugs on board property.
7. Steals board property.
8. Duplicates school district issued keys without authorization.
9. Intentionally falsifies records.
10. Has or accepts another position or responsibility which consistently and frequently conflicts with scheduled work time.
11. Fails to meet state requirements.
12. Is at-fault or determined to be at-fault in a serious traffic accident that involves court litigation.
13. The above list represents legitimate reasons for discharge. However, the parties recognize that it is not all inclusive.
DISCIPLINE OF EMPLOYEES. No member of the bargaining unit shall be reduced in basic salary, suspended without pay, or reprimanded in writing, without just cause. This article shall not apply to matters regarding the extension, non-extension or dismissal of contract teachers or the renewal, nonrenewal or dismissal of probationary teachers. This article also does not apply to retention, non- retention or dismissal of extra-duty positions. The employee will have the right to appeal only the procedure through the grievance procedure of this Agreement.
