Common use of DISCIPLINE OF EMPLOYEES Clause in Contracts

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 leaves of absence has been established. O. Intentionally falsifying and/or theft of official records and/or statement/property. Section 2. The Director of Public Works/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing. Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor. Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting. Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record. Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record. Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone. Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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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 leaves of absence has been established. O. Intentionally falsifying and/or theft of official records and/or statement/property. Section 2. The Director of Public WorksTransportation/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing. Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor. Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting. Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record. Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record.) Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone. Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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 shall be considered good cause for disciplinary action against an employee and such actions or behavior which may shall 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 leaves of absence has been established. O. Intentionally falsifying and/or theft of official records and/or statement/property. Section 2. The Director of Public Works/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing. Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor. Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting. Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record. Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record. Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone. Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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 leaves of absence has been established. O. Intentionally falsifying and/or theft of official records and/or statement/property. Section 2. The Director of Public WorksWorksTransportation/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing. Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor. Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting. Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record. Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record.) Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone. Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 leaves of absence has been established. O. Intentionally falsifying and/or theft of official records and/or statement/property. Section 2. The Director of Public Works/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing. Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor. Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting. Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record. Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record.) Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone. Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

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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 leaves of absence has been established. O. Intentionally falsifying and/or theft of official records and/or statement/property. Section 2. The Director of Public Works/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing. Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor. Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting. Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record. Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record. Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone. Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 leaves of absence has been established. O. Intentionally falsifying and/or theft of official records and/or statement/property. Section 2. The Director of Public Works/Utilities may suspend or discharge any employee for cause or suspend any employee for investigation of any accident, incident, or other occurrence after having orally informed such employee, and then confirmed in writing, the reason(s) for such suspension or discharge, the duration of the suspension, and/or the effective date of the discharge. Except as otherwise provided in Section 3 below, any employee who has been so suspended or discharged shall have the right to have his case taken up in accordance with the procedures hereinafter provided in Article 8. If it is found during Steps 1 or 2 of the grievance procedure that there was not cause for the suspension or discharge, such employee shall be reinstated and paid for all time lost through such suspension or discharge at his regular straight time hourly rate of pay, or paid such other amount as may appear to be just. Any suspension or discharge arising from the provisions of Article 31 need not be done in writing. Section 3. If an employee is charged with an offense involving the mishandling of fares or the misappropriation of City funds or property, intentional falsification or theft of official records or statements, immorality or drunkenness, neither such charge nor the discipline meted out in connection therewith shall be subject to the grievance and arbitration procedures provided for in this Agreement unless the grievance or demand for arbitration in such cases be accompanied by a document signed by the employee involved authorizing the City to disclose any and all facts and information pertaining to the case and releasing the City from any and all liability therefor. Section 4. When an employee is notified to come to the office to explain the reason or reasons for any complaint, incident or accident, the employee shall make himself available with representation, if so desired, within forty-eight (48) hours (Saturday, Sunday, holidays, days off excluded). The record of complaint and employee explanation will be made a part of the personnel record only after such meeting. Section 5. In considering disciplinary action, Management will take into account the twelve calendar months prior to the month in which the incident occurred in the employee's record. Section 6. Written reprimands and rebuttals or explanations thereof shall be removed from an employee's personnel file, including such files within a Department, one (1) year after the filing. All reprimands and rebuttals or explanations will be forwarded to the Personnel Department for inclusion into the employee's permanent record. Section 7. No discussion or investigation of anything involving possible disciplinary action shall be over the system radio. Telephone investigations will be for information purposes only and at the option of the employee; however, if the employee is called, the employee will be paid for the actual time spent on the telephone. Section 8. The Union shall receive a written notice of all pre-disciplinary hearings or meetings to be held. This notice shall be provided to the Union at least twenty-four

Appears in 1 contract

Samples: Collective Bargaining Agreement

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