Common use of DISCIPLINE OF EMPLOYEES Clause in Contracts

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 Employees may 1: All charges preferred by the Employer against its employees for violation of its rules or other offenses must be disciplinedpreferred within five (5) days after any such alleged violation or offense has been made known to the official or officials of the Employer or their designees. If the charges are not preferred within the time limits set forth herein, suspendedsuch alleged violation or offense shall be forever barred and extinguished, provided, however, that any violation of the rules pertaining to the mishandling of fares or mis-appropriation of the Employer's funds or property shall not come within the scope of the foregoing provisions of this Section. Additionally, any discipline meted out in other than fare violations must be begun within five (5) days of notification to the employee. Section 2: If any employee is charged with an offense involving the mishandling of fares, drunkenness, possession or use of an illegal substance or the misappropriation of the Employer's funds or property, neither such charges nor discipline meted out in connection therewith shall be subject to the grievance and discharged only arbitration procedures provided for a reason that is not arbitrary or capricious. The employer shall utilize corrective, progressive, discipline in this Agreement unless and until the grievance and/or demands for arbitration in such cases be accompanied by a signed authorization from the employee involved releasing the Employer and the Union to submit any and all information and facts pertaining to the case to whomever they may concern. Section 3: When the Employer disciplines an employee and/or places a written entry of the incident in the employee's file, the employee and Union involved shall initiate action within be furnished a copy of the entry. An employee may examine and copy from his/her own employee file at any reasonable time. After thirty (30) days of becoming aware of months all materials pertaining to discipline in 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 's file will not be used 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 filepurposes. Section 2 All employees shall be entitled 4: If, as a result of investigation or upon request appeal, the discipline, suspension or dismissal of an employee is found to have present an Association representative during any disciplinary action or any investigation that may lead to disciplinary action. Section 3 When any materialbeen without just cause, other than necessary employment informationhis/her record of the alleged offense will be cleared, is to be placed in a bargaining unit member’s personnel fileand if time has been lost, the affected bargaining unit member shall review and sign and date said material. Such signature shall employee will be understood to indicate awareness paid for such loss of time by the material but Employer in no instance shall said signature be interpreted to mean agreement accordance 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 fileamount s/he would have received had s/he not been held from service.

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 periodperiod upon written request by the employee. 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 employee who has been suspended or discharged for violation of any Company rules or because of any other offense shall have the right to have his case presented as a grievance by the officers/shop stewards or committee of the Union to the official or officials of the Company designated by the Company as herein elsewhere provided. Prior to a grievance hearing a copy of charges and resulting discipline shall be provided to the employee charged and to the Union. If it is found that the employee was not guilty of the violation for which he was suspended or discharged or received a written reprimand, said employee will be reinstated without loss of seniority and paid for lost work time and any mention to the charge will be deleted from the employee’s record. SECTION 2: In the case of an accident, the Company will have the right to postpone any disciplinary action against an employee involved until the case has been settled or closed. This will in no way interfere with an employee’s right to submit a grievance or to request Union representation concerning the disciplinary action nor the Union’s right to xxxxxxxxx said grievance. SECTION 3: The Executive Committee of the Union shall have the privilege of examination of reports of Inspectors, special operators, patrons, or other of any employees covered by this Agreement, suspended or discharged for irregular registering of fares or transfers upon which evidence said employee is suspended or discharged, provided the Union furnishes the Company an authorization signed by said employee releasing the Company and Union from all liability and authorizing the parties to release the information to whomsoever it may concern. SECTION 4: When complaints are made against an employee, the Company may review the data on the vehicle surveillance systems in Accordance with Article 23, Section 1 Employees may be disciplined, suspended4, and discharged such complaint will not be entered in the employee’s record until the employee is notified of such complaint in writing. A copy of the complaint which is entered in an employee’s record will be made available to the Union, provided the Union furnishes the Company an authorization signed by said employee releasing the Company and the Union from all liability and authorizing the parties to release the information to whosoever it may concern. SECTION 5: At any disciplinary hearing, 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 the most recent two years of an employee’s conduct giving rise to record shall be used. If discipline results in suspension, such actionsuspension will begin within five days following the hearing and will be consecutive workdays. 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 No preventable accidents over two years old will be used for the discipline which is imposed based upon the employee’s conduct or basis of future disciplinary historypurposes. Notice of verbal warning Accidents shall be documented in writing and labeled “verbal warning” with a copy presented to considered on the employee and a copy placed in basis of preventability regardless of the employee’s personnel file. All forms type 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 fileaccident. Section 2 All employees shall be entitled upon request to have present an Association representative during SECTION 6: The Company, under normal circumstances, will avoid any disciplinary action in public or in the presence of co-workers. SECTION 7: The Company will attempt to issue citations within 5 working days of the knowledge of an occurrence/incident. The union will be notified of 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 within 48 hours knowledge of the material but in no instance shall said signature be interpreted to mean agreement with the content of the materialoccurrence /incident. The preceding statement shall employee will be placed on notified of 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 fileinvestigation within 72 hours knowledge of occurrence/incident.

DISCIPLINE OF EMPLOYEES. Section 1 Employees may A. Upon satisfactory completion of the designated probationary period, a seniority Employee will not be disciplineddisciplined or discharged without just cause. B. A Bargaining Unit Member shall be entitled, suspendedupon request, to have present a local Association representative and/or a MEA staff representative, for any Employer conference pertaining to the investigation and/or imposition of discipline. Prior to holding a conference for these purposes, the Employer agrees to inform the Bargaining Unit Member if it then anticipates that the conference could lead to discipline of the Bargaining Unit Member C. Prior to taking disciplinary action the Employer shall promptly conduct an investigation to determine the relevant facts and discharged only for a reason that is not arbitrary or capriciousconduct an investigatory interview with the Bargaining Unit Member. At this conference, the Employer will present the Bargaining Unit Member with the charges against him/her and provide the Bargaining Unit Member an opportunity to respond. The employer Bargaining Unit Member shall utilize corrective, promptly provide the administration with the full particulars of the alleged incident(s) for which discipline is being contemplated. D. The Employer will use a progressive, /corrective discipline approach in such cases and shall initiate action within thirty (30) days of becoming aware of an employee’s conduct giving rise to such actionassessing disciplinary measures. The progressive discipline steps may include: verbal warning, written warning disciplinary measures imposed shall be appropriate to the misconduct or written reprimand, suspension with or without pay, and dischargedeficiency in performance. It is understood and agreed that corrective progressive discipline allows the Board to skip lower More advanced levels of discipline and impose higher levels may properly be imposed for initial instances of disciplineserious misconduct. Discharge shall be appropriate for repeated misconduct or deficiency in performance where progressive disciplinary measures have previously been assessed or for serious misconduct or deficiency in performance which justifies discharge in the first instance. (1) verbal discussion with Employee; (2) written warning; (3) written reprimand; (4) suspension without pay; (5) dismissal. The District shall have the right to place an Employee on paid suspension for such time as is necessary to complete a disciplinary investigation. E. The Board agrees to provide an area in which a Bargaining Unit Member who is suspended or discharged may meet with an Association representative before the Bargaining Unit Member is requested to leave the premises. F. By mutual written agreement, including the parties may stipulate, in cases of discharge, so long as there is just cause for to bypass Level One and/or Level Two of the discipline which is imposed based upon grievance procedures set forth in Article VI of this Agreement. G. Each Employee shall have the employee’s conduct or disciplinary history. Notice right, by appointment, to review the contents 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 his/her personnel file. All forms A representative of written discipline the Association may, at the request of the Employee, accompany the Employee at this review. Privileged information, such as confidential credentials and related personnel references from sources outside Evart Public Schools, is specifically exempt from review. Written complaints regarding an Employee shall include the name of the complainants and any administrative action taken, and shall be presented to reviewed with 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 Employee before placement in the personnel file. Section 2 All employees shall be entitled upon . In the event that the District receives a Freedom of Information Act (FOIA) 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 for information in a bargaining unit memberBargaining Unit Member’s personnel file, the District shall promptly notify the affected bargaining unit member shall review and sign and date said materialBargaining Unit Member. Such signature Notice to the Bargaining Unit Member’s address or phone number, on file with the District, 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 materialsufficient for this purpose. The preceding statement District shall be placed on allow the affected Bargaining Unit Member an opportunity to review any such material being released prior to be placed it being released, provided that the Bargaining Unit Member makes himself/herself available within the period in an employee’s personnel file immediately adjacent which the District is required to respond 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 fileFOIA request.

DISCIPLINE OF EMPLOYEES. Section 1 Employees may A. Upon satisfactory completion of the designated probationary period, a seniority Employee will not be disciplineddisciplined or discharged without just cause. B. A Bargaining Unit Member shall be entitled to have present a local Association representative and/or a MEA staff representative, suspendedfor any Employer conference pertaining to the investigation and/or imposition of discipline. Prior to holding a conference for these purposes, the Employer agrees to inform the Bargaining Unit Member if it then anticipates that the conference could lead to discipline of the Bargaining Unit Member C. Prior to taking disciplinary action the Employer shall promptly conduct an investigation to determine the relevant facts and discharged only for a reason that is not arbitrary or capriciousconduct an investigatory interview with the Bargaining Unit Member. At this conference, the Employer will present the Bargaining Unit Member with the charges against him/her and provide the Bargaining Unit Member an opportunity to respond. The employer Bargaining Unit Member shall utilize corrective, promptly provide the administration with the full particulars of the alleged incident(s) for which discipline is being contemplated. D. The Employer will use a progressive, /corrective discipline approach in such cases and shall initiate action within thirty (30) days of becoming aware of an employee’s conduct giving rise to such actionassessing disciplinary measures. The progressive discipline steps may include: verbal warning, written warning disciplinary measures imposed shall be appropriate to the misconduct or written reprimand, suspension with or without pay, and dischargedeficiency in performance. It is understood and agreed that corrective progressive discipline allows the Board to skip lower More advanced levels of discipline and impose higher may properly be imposed for initial instances of serious misconduct. Discharge shall be appropriate for repeated misconduct or deficiency in performance where progressive disciplinary measures have previously been assessed or for serious misconduct or deficiency in performance which justifies discharge in the first instance. Progressive disciplinary levels are as follows: (1) Verbal discussion with Employee; (2) written warning; (3) written reprimand; (4) suspension without pay; (5) dismissal. The District shall have the right to place an Employee on paid suspension for such time as is necessary to complete a disciplinary investigation. E. The Board agrees to provide an area in which a Bargaining Unit Member who is suspended or discharged may meet with an Association representative before the Bargaining Unit Member is requested to leave the premises. F. By mutual written Agreement, the parties may stipulate, in cases of discipline, including discharge, so long as there is just cause for to bypass Step One and/or Step Two of the discipline which is imposed based upon grievance procedures set forth in Article 6 of this Agreement. G. Each Employee shall have the employee’s conduct or disciplinary history. Notice right, by appointment, to review the contents 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 his/her personnel file. All forms A representative of written discipline the Association may, at the request of the Employee, accompany the Employee at this review. Privileged information, such as confidential credentials and related personnel references from sources outside Evart Public Schools, is specifically exempt from review. Written complaints regarding an Employee shall include the name of the complainants and any administrative action taken, and shall be presented to reviewed with 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 Employee before placement in the personnel file. Section 2 All employees shall be entitled upon . In the event that the District receives a Freedom of Information Act (FOIA) 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 for information in a bargaining unit memberBargaining Unit Member’s personnel file, the District shall promptly notify the affected bargaining unit member shall review and sign and date said materialBargaining Unit Member. Such signature Notice to the Bargaining Unit Member’s address or phone number, on file with the District, 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 materialsufficient for this purpose. The preceding statement District shall be placed on allow the affected Bargaining Unit Member an opportunity to review any such material being released prior to be placed it being released, provided that the Bargaining Unit Member makes himself/herself available within the period in an employee’s personnel file immediately adjacent which the District is required to respond 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 fileFOIA request.

DISCIPLINE OF EMPLOYEES. Section 1 Employees may A. Except as provided in Article 7 & A of this Agreement with regard to probationary employees, no bargaining unit member shall be disciplined, suspended, and discharged only for disciplined without just cause. ADiscipline@ shall be defined as 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 or 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 B. Discipline of seniority employees shall be conducted in accordance with the concept of progressive discipline. The Board and the Association have identified below and in Appendix A of this Agreement a range of certain disciplinary infractions/offenses as well as the progression of discipline associated with those infractions/offenses. The listed infractions/offenses are not all-inclusive and do not preclude disciplinary action for other willful behaviors, performance deficiencies, and job-related misconduct. C. An employee, at his/her own request, shall be entitled upon request to have present an Association representative during Representative or an Association Officer when any discipline is being exercised. When a request for such representation is made, no action shall be taken with respect to that employee until such Association Representative is available within a reasonable time, not to exceed two (2) working days. D. Whenever disciplinary action or any investigation that may lead is reduced to disciplinary action. Section 3 When any materialwriting by the supervisor, other than necessary employment informationthe findings and decisions of the supervisor shall be filed, is to be placed in a bargaining unit member’s writing, in the employee's personnel file, and copy thereof given to the affected bargaining unit member 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 Board agrees that upon discharge or suspension of an employee, the employee and the Association president shall review and sign and date said materialbe notified in writing. Such signature written notice shall contain the specific reasons for the discharge or suspension. The discharged or suspended employee will be allowed to discuss his/her discharge or suspension with his/her Association Representative before leaving the building. The Board will make a meeting room available and the meeting shall not be longer than one-half (2) hour. Protests of discipline shall begin at Level Two of the grievance procedure. F. The Association agrees that the Board 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 shall be understood to indicate awareness made in case of the material but in no instance shall said signature be interpreted to mean agreement with the content extenuating circumstances. 4. Does not return from sick leave and leaves of the materialabsence. The preceding statement Exceptions shall be placed on any such material to be placed made in an employee’s personnel file immediately adjacent to the employee signaturecase of extenuating circumstances. 5. If an employee refuses to sign such material, the refusal shall be noted Possesses intoxicants or controlled substances while on the material and the material shall be placed in the employee’s personnel filejob. 6. Consumes or sells intoxicants or controlled substances on Board property. 7. Steals Board property. 8. Duplicates School District issued keys without authorization.

DISCIPLINE OF EMPLOYEES. Section 1 Employees may be disciplined, suspended, and discharged only for a reason that is not arbitrary or capriciousA. An Administrator will notify employees of their Xxxxxxxxxx rights before discussing alleged misconduct. The employer Administrator will provide the employee with an opportunity to obtain or waive association representation prior to discussions or prior to an investigatory interview. Alleged breaches of conduct shall be promptly reported to the employee and to the Association (if the employee elects to utilize correctiveassociation representation). B. Once an employee has completed the probationary period, progressive, discipline in such cases and shall initiate action within thirty (30) days the Employer will follow the precepts of becoming aware of an employee’s conduct giving rise to such action. The progressive discipline steps may include: verbal (oral/written warning, written warning or oral/written reprimand, suspension with or without pay, pay and discharge). Such discipline shall be for just cause. It is understood and agreed recognized that corrective progressive discipline allows may vary with the Board seriousness of the offense. Some examples by way of illustration and not by way of limitation which warrant immediate discharge are intoxication on the job from alcohol or drugs; use of illegal drugs or consumption of alcohol on the job; possession of illegal drugs or alcohol on the job; theft; crimes involving moral turpitude; and falsification of time sheets or employment records. Any warning of a disciplinary nature, except one involving unprofessional conduct, in a member’s file which does not relate to skip lower levels a recurring incident within a two (2) year period from the date of discipline and impose higher levels such warning, shall be removed at the written request of discipline, including discharge, so long as the member provided there is just cause concurrence of the immediate supervisor. Should the member and the immediate supervisor disagree, the Human Resource Director shall make the final determination. Once removed, such documentation shall not thereafter be used against the member. C. The specific grounds 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 action 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 in advance of the imposition of discipline. D. All documents of a disciplinary nature will be forwarded to the employee who shall review and sign and date a receipt for a copy of the same. Signing said material. Such signature receipt shall not mean agreement but shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement material. Should the bargaining unit member disagree 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 being placed in the employee’s personnel file, they may have their written statements attached to the file copy of said material. E. Discipline which will be recorded in the employee's personnel file will be shared privately with the employee prior to being placed in the personnel file. The District shall not be prevented from taking immediate action against an employee if required based on the alleged seriousness of the offense. The employee will be provided a written record of the immediate action taken. F. The bargaining unit member shall be entitled to have a representative of the Association present during a meeting which is held for the purpose of discipline. When such a request is made by the bargaining unit member, action by the Employer will be deferred for a reasonable period of time until the representative of the Association is present subject to paragraph E above. In cases of immediate discharge, the employee will have a reasonable opportunity to confer with an Association Representative prior to being required to leave the premises.

DISCIPLINE OF EMPLOYEES. Section 1 Employees (PROGRESSIVE DISCIPLINE) 1. Without the consent of the employee and the Union, disciplinary action may not be taken against an employee except for just cause, and this must be substantiated by clear and convincing evidence which supports the recommended disciplinary action. 2. All disciplinary action shall be governed by applicable statutes and provisions of the Agreement. Further, an employee shall be provided with a written charge of wrongdoing, setting forth the specific charges against that employee as soon as possible after the investigation has begun. 3. Any information which may be disciplined, suspended, relied upon to take action against an employee will be shared promptly with said employee and discharged only for a reason his/her Union representative as soon as possible. Copies of any written information/correspondence that is not arbitrary related to the action of the employee or capricious. The employer shall utilize corrective, progressive, discipline in such cases and shall initiate action within thirty (30the investigating administrator(s) 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 will be documented in writing and labeled “verbal warning” with a copy presented provided promptly to the employee and his/her Union representative. 4. An employee against whom action is to be taken under this Article and his/her Union representative shall have the right to review and refute any and all of the information relied upon to support any proposed disciplinary action prior to taking such action. To this end, the employee and the Union representative shall be afforded a copy placed in reasonable amount of time to prepare and present responses/refutations concerning the pending disciplinary action and concerning the appropriateness of the proposed disciplinary action. This amount of time is to be mutually agreed upon by the Parties. 5. Only previous disciplinary actions which are a part of the employee’s personnel filefile or which are a matter of record as provided in paragraph #7 below may be cited if these previous actions are reasonably related to the existing charge. 6. All forms Where just cause warrants such disciplinary action(s) and in keeping with provisions of written this Article, an employee may be reprimanded verbally, reprimanded in writing, suspended without pay, or dismissed upon the recommendation of the immediate supervisor to the Superintendent and final action taken by the District. Other disciplinary action(s) may be taken with the mutual agreement of the Parties. 7. Except in cases which clearly constitute a real and immediate danger to the District, a District employee, and/or a child/children, or the actions/inactions of the employee constitute such clearly flagrant or purposeful violations of reasonable School Board rules and regulations, progressive discipline shall be presented to the employee and administered as follows: (A) Verbal Reprimand with a copy Written Notation. Such written notation shall be placed in the employee’s personnel file. Verbal warning notices file and shall not be removed from used to the personnel file two (2) years after their issuancefurther detriment of the employee, providing unless there is no further disciplinary action during the two another reasonably related act by that same employee within a twenty-four (224) year month 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 Employees (PROGRESSIVE DISCIPLINE) 1. Without the consent of the employee and the Union, disciplinary action may not be taken against an employee except for just cause, and this must be substantiated by clear and convincing evidence which supports the recommended disciplinary action. 2. All disciplinary action shall be governed by applicable statutes and provisions of the Agreement. Further, an employee shall be provided with a written charge of wrongdoing, setting forth the specific charges against that employee as soon as possible after the investigation has begun. 3. Any information which may be disciplined, suspended, relied upon to take action against an employee will be shared promptly with said employee and discharged only for a reason his/her Union representative as soon as possible. Copies of any written information/correspondence that is not arbitrary related to the action of the employee or capricious. The employer shall utilize corrective, progressive, discipline in such cases and shall initiate action within thirty (30the investigating administrator(s) 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 will be documented in writing and labeled “verbal warning” with a copy presented provided promptly to the employee and his/her Union representative. 4. An employee against whom action is to be taken under this Article and his/her Union representative shall have the right to review and refute any and all of the information relied upon to support any proposed disciplinary action prior to taking such action. To this end, the employee and the Union representative shall be afforded a copy placed in reasonable amount of time to prepare and present responses/refutations concerning the pending disciplinary action and concerning the appropriateness of the proposed disciplinary action. This amount of time is to be mutually agreed upon by the Parties. 5. Only previous disciplinary actions which are a part of the employee’s personnel filefile or which are a matter of record as provided in paragraph #7 below may be cited if these previous actions are reasonably related to the existing charge. 6. All forms Where just cause warrants such disciplinary action(s) and in keeping with provisions of written this Article, an employee may be reprimanded verbally, reprimanded in writing, suspended without pay, or dismissed upon the recommendation of the immediate supervisor to the Superintendent and final action taken by the District. Other disciplinary action(s) may be taken with the mutual agreement of the Parties. 7. Except in cases which clearly constitute a real and immediate danger to the District, a District employee, and/or a child/children, or the actions/inactions of the employee constitute such clearly flagrant or purposeful violations of reasonable School Board rules and regulations, progressive discipline shall be presented to the employee and administered as follows: (A) Verbal Reprimand with a copy Written Notation. Such written notation shall be placed in the employee’s personnel file. Verbal warning notices file and shall not be removed from used to the personnel file two (2) years after their issuancefurther detriment of the employee, providing unless there is no further disciplinary action during the two (2) year period. If there is further disciplinary action another reasonably related act by that same employee within this twoa twenty-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.four

DISCIPLINE OF EMPLOYEES. Section 1 Employees may be disciplined, suspended, and discharged only for a reason just cause. Consistent with Article 12., it is expressly understood that termination of probationary employees is not arbitrary or capriciouscovered by this just cause provision. 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 . Section 2 Reprimand and warning notices issued in relation to vehicle collisions will be presented to the employee and a copy shall be placed maintained in the employee’s personnel filefile for five (5) years unless the employee has received more than one (1) such notice within the period. In the latter case, all such notices shall remain in the employee’s personnel file for a period of five (5) years from the last notice. At the end of any such period during which the employee has had a record clear of any other such notices, all notices pertaining to a vehicle collision shall be removed from the employee's personnel record and returned to the employee at his/her request. A copy of such notice shall be maintained by the Director of Transportation for non-disciplinary purposes relating to District safety records. 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 All discipline for conduct described in Section 380.1230b of Michigan compiled laws (unprofessional conduct) shall be exempt from language of this two-year period, the verbal warning notice permanently will remain in the personnel fileagreement. Section 2 3 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 4 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 Employees may A. Upon satisfactory completion of the designated probationary period, a seniority Employee will not be disciplineddisciplined or discharged without just cause. B. A Bargaining Unit Member shall be entitled to have present a local Association representative and/or a MEA staff representative, suspendedfor any Employer conference pertaining to the investigation and/or imposition of discipline. Prior to holding a conference for these purposes, the Employer agrees to inform the Bargaining Unit Member if it then anticipates that the conference could lead to discipline of the Bargaining Unit Member C. Prior to taking disciplinary action the Employer shall promptly conduct an investigation to determine the relevant facts and discharged only for a reason that is not arbitrary or capriciousconduct an investigatory interview with the Bargaining Unit Member. At this conference, the Employer will present the Bargaining Unit Member with the charges against him/her and provide the Bargaining Unit Member an opportunity to respond. The employer Bargaining Unit Member shall utilize corrective, promptly provide the administration with the full particulars of the alleged incident(s) for which discipline is being contemplated. D. The Employer will use a progressive, /corrective discipline approach in such cases and shall initiate action within thirty (30) days of becoming aware of an employee’s conduct giving rise to such actionassessing disciplinary measures. The progressive discipline steps may include: verbal warning, written warning disciplinary measures imposed shall be appropriate to the misconduct or written reprimand, suspension with or without pay, and dischargedeficiency in performance. It is understood and agreed that corrective progressive discipline allows the Board to skip lower More advanced levels of discipline and impose higher may properly be imposed for initial instances of serious misconduct. Discharge shall be appropriate for repeated misconduct or deficiency in performance where progressive disciplinary measures have previously been assessed or for serious misconduct or deficiency in performance which justifies discharge in the first instance. Progressive disciplinary levels of discipline, including are as follows: (1) Verbal discussion with Employee; (2) written warning; (3) written reprimand; (4) suspension without pay; (5) dismissal. The District shall have the right to place an Employee on paid suspension for such time as is necessary to complete a disciplinary investigation. In imposing any discharge, so long as there is just cause for the discipline which is imposed based upon the employee’s conduct suspension or disciplinary historyaction on a current charge, the Employer will not take into account any prior infraction which occurred more than five (5) years, or three (3) years with no infraction. Notice The above provision shall not apply to safety infractions or to unprofessional conduct within the meaning of verbal warning Section 1230b of the Revised School Code. E. The Board agrees to provide an area in which a Bargaining Unit Member who is suspended or discharged may meet with an Association representative before the Bargaining Unit Member is requested to leave the premises. F. By mutual written Agreement, the parties may stipulate, in cases of discharge, to bypass Step One and/or Step Two of the grievance procedures set forth in Article 5 of this Agreement. G. Each Employee shall be documented in writing and labeled “verbal warning” with a copy presented have the right, by appointment, to review the employee and a copy placed in the employee’s contents of his/her personnel file. All forms A representative of written discipline the Association may, at the request of the Employee, accompany the Employee at this review. Privileged information, such as confidential credentials and related personnel references from sources outside Evart Public Schools, is specifically exempt from review. Written complaints regarding an Employee shall include the name of the complainants and any administrative action taken, and shall be presented to reviewed with 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 Employee before placement in the personnel file. Section 2 All employees shall be entitled upon . In the event that the District receives a Freedom of Information Act (FOIA) 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 for information in a bargaining unit memberBargaining Unit Member’s personnel file, the District shall promptly notify the affected bargaining unit member shall review and sign and date said materialBargaining Unit Member. Such signature Notice to the Bargaining Unit Member’s address or phone number, on file with the District, 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 materialsufficient for this purpose. The preceding statement District shall be placed on allow the affected Bargaining Unit Member an opportunity to review any such material being released prior to be placed it being released, provided that the Bargaining Unit Member makes himself/herself available within the period in an employee’s personnel file immediately adjacent which the District is required to respond 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 fileFOIA request.