Discipline Procedure. 1. Disciplinary action may be imposed for violation of written rules and regulations as set forth by the Board, incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance, any other failure of good behavior, or conviction of a felony.
2. No employee shall be disciplined without first having had the opportunity for a hearing, if the employee so requests, with an OAPSE representative of his/her choice present. The employee shall be given a written statement containing the charges and the time and place of the hearing. The written statement shall notify the employee of his/her rights to OAPSE representation. The employee must be given the opportunity to sign the statement acknowledging receipt of the statement and date received. Under emergency conditions as determined by the supervisor (including, but not limited to, health and/or safety of the employee or other employees; blatant insubordination; or refusal to work), the supervisor may immediately suspend an employee without pay for a period of up to three (3) work days without the formal hearing described above. An opportunity for a formal hearing with the supervisor must be provided within the suspension period. Failure to provide an opportunity for a hearing during the suspension period shall preclude the right of further discipline for the offense causing the initial suspension. Emergency suspensions will not be subject to Section 6 of this Article.
3. Disciplinary action of less than discharge should generally be progressive and corrective in nature.
A. Disciplinary actions shall be grievable. This Section shall supersede existing state law governing termination of employment (O.R.C. 3319.081).
B. In determining progressive and corrective action, just cause shall be construed and limited to the nature and seriousness of the offense, the effect the alleged conduct has on the Board’s operation, the discipline or lack thereof used in other similar situations known to the Board, and the appropriateness of the proposed penalty in view of the record and length of service of the charged employee. The enumeration of these factors is not intended to preclude either the exercise of good and sound business judgment or to minimize the importance of an employee’s property interest in his job.
Discipline Procedure. To ensure that there is no misunderstandings when discipline is to be administered the Parties shall adhere to the following:
(a) At all stages of the disciplinary process the Employee shall have the right to have a person of his/her choice, present as a witness.
(b) Employees who exhibit unsatisfactory performance or behaviour shall be counselled to ensure that they understand the standards expected of them and will be offered assistance or training or guidance as deemed necessary in achieving those standards. The Employee shall be given notice either verbally or in writing of any disciplinary issue with appropriate opportunity to respond to any allegations before any action is taken.
(c) The Disciplinary Procedure shall be as follows:-
(i) Reprimand (Verbal Counselling) The Employee shall be told as soon as possible of any unsatisfactory conduct, capacity or performance. The relevant supervisor will be designated to discuss the problem with the Employee and if required, will outline how the Employee may meet the standard required. Any assistance required by the employee to meet the standard will be identified and provided where possible by the Employer. The Employee will be given the opportunity to respond to any allegations.
(ii) Formal Warning (Written) Should the problem continue or occur again after the verbal reprimand, the Employee will be given the opportunity to respond to the allegations identified as the problem. Should the response be unsatisfactory, a formal warning in writing detailing the problem/s and the action required to meet the required standard will be issued to the employee.
(iii) Final Warning (Written) A third and final warning will be issued if the Employee has not taken action to meet the standard of performance, capacity or conduct required. The employee shall be given the opportunity to respond to the allegation/s prior to the final warning being issued. The employer shall investigate the matter prior to issuing the final warning.
(iv) Termination (Verbal) The employer may amend the procedure based on the merits of each particular case. In more serious cases which may border on misconduct, the employer may elect to eliminate one or more phases of the procedure. An employee issued with a final warning shall be requested to show cause, as to why Employee’s employment should not be terminated. Management shall make a decision based on the evidence and may terminate the employment of the Employee.
(v) Serious Misconduct (Immediate...
Discipline Procedure.
(a) Where a supervisor intends to interview an employee for disciplinary purposes, the supervisor shall notify the employee in advance of the meeting and shall advise the employee that a xxxxxxx'x presence is recommended. The employee shall be given sufficient time to arrange for a xxxxxxx to attend the meeting, providing that this does not result in an undue delay of the appropriate action being taken. This clause shall not apply to those discussions that are of an operational nature and do not involve disciplinary action.
(b) No employee shall be disciplined, suspended or discharged except for just cause, and an employee shall be discharged only upon the written authority of the College.
(c) The College shall inform the union xxxxxxx verbally prior to imposing a suspension of more than five days.
(d) Where this agreement requires reasons in writing for disciplinary action, it is understood and agreed that compliance with that requirement shall be sufficient if verbal reasons are given immediately in the presence of the employee's xxxxxxx, and are confirmed in writing within two working days.
(e) When an employee is discharged or suspended, the employee shall be given the reason in writing in the presence of their xxxxxxx. If a meeting on college property is not advisable for safety reasons, such meeting may be held at a mutually-agreed location. In an instance where such a meeting is not possible due to bona fide safety concerns of either party, the employee's copy of the written reasons will be sent by registered mail to the employee's last recorded address. Likewise, a copy of the employee's letter will be immediately delivered to the bargaining unit Chairperson. The President of the Union shall be advised, within five working days, in writing by the College of the reason for such discharge or suspension.
(f) It is understood that where the employee being disciplined, suspended or discharged is a xxxxxxx or union officer, the employee shall have the right to have a staff representative or union officer present.
Discipline Procedure. 12.01 For the purposes of this Agreement, “discipline” shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the purpose of discipline. All of the above must be recorded in the employee’s personnel file,
(a) with respect to oral and written warnings, for a maximum of twelve (12) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the twelve (12) month period;
(b) with respect to suspensions, for a maximum of fifteen (15) months from date of issue provided the employee has not received a warning or disciplinary notice for the same or similar offence within the fifteen (15) month period. Such warnings and disciplinary notices shall be issued not later than seven (7) calendar days after the incident or occurrence giving rise to the warning or disciplinary notice comes to the knowledge of the Employer.
(c) A copy of all disciplinary actions shall be signed by both the employee and the Employer and a copy will be forwarded to the President of the Union within seven (7) working days. If the employee refuses to sign, it will be so noted on the form and initialed by a Union representative.
(d) Upon the employee’s request, any disciplinary documents shall be removed from the employee’s file following the time frames expressed in (a) and (b) above.
12.02 In the event any employee is discharged or disciplined the Union should be informed. In the event a meeting is held the Employer shall have a Union Xxxxxxx present. In addition the Union shall be further notified of such action by delivering a copy of the disciplinary or discharge notice to the Local Union President within five (5) calendar days of the imposition of such discipline or discharge.
12.03 Whenever a suspension of a defined duration is imposed, it will not be put into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted.
12.04 In the event of an allegation of serious misconduct, the Employer shall complete the investigation as quickly as possible taking into account the circumstances of the case. In the event that an employee is suspended, it shall be with pay until the investigation is complete. The Employer shall contact the Union President or the Chief Xxxxxxx in the absence of the President to inform him/her of the general nature of the investigation, and provide updates as request...
Discipline Procedure. 16.2.1 The Employee shall be notified in writing by the Employer, with full disclosure of the reasons, grounds for action, and/or penalty, with a copy to the Union Representative.
16.2.2 If an Employee feels the Action or Penalty is unjust such Employee will file a grievance within five (5) working days.
Discipline Procedure. (a) No Employee shall be disciplined, suspended or dismissed except for just cause, and an Employee shall be dismissed only upon the written authority of the Employer. An Employer representative so designated by the Employer may suspend an Employee but shall immediately report such action to the Employer.
(b) When an Employee is dismissed or suspended, he/she shall be given the reason in writing in the presence of his/her xxxxxxx. The President of the Union shall be advised, within five (5) working days, in writing, by the Employer of the reason for such dismissal or suspension.
(c) The dismissal or suspension shall be subject to the provisions of Article 8.11.
Discipline Procedure a) If the Employee challenges the Employer's decision, a copy of the Employer's notice shall be sent to the Secretary of the Union. The Employee shall continue her employment with all rights and privileges while the Union processes a grievance with the Employer.
b) Should the dispute not be resolved by the grievance procedure, the Employee shall continue her employment with all rights and privileges, unless an arbitration board or Grievance Commissioner rules otherwise. This clause shall not restrict the Employer from suspending an Employee with full pay and benefits until the issue is resolved through the grievance procedure or arbitration procedure.
c) The Employee shall be notified in writing of the action and/or penalty. In some cases a single occurrence of a serious misconduct may warrant by-passing 13.04 Warning and
Discipline Procedure. No employee shall be disciplined, suspended or discharged except for just cause, and an employee shall be discharged only upon the written authority of the Employer. An employee has the right to bring a shop xxxxxxx to any meeting which the employee reasonably believes may lead to disciplinary action. However:
(a) it is up to the employee to be aware of, and to exercise, this right;
(b) there shall be no undue delay of the meeting being scheduled;
(c) if an employee wishes to have a shop xxxxxxx present, the employee must so advise his or her supervisor in advance of the meeting;
(d) this right does not extend to operational meetings or discussions. The Employer shall advise an employee of his or her right to have a shop xxxxxxx present at any meeting in which the Employer intends to administer written discipline. The Employer shall inform the union xxxxxxx verbally prior to imposing a suspension of more than five days. Where this Agreement requires reasons in writing for disciplinary action, it is understood and agreed that compliance with that requirement shall be sufficient if verbal reasons are given immediately in the presence of the employee's xxxxxxx, and are confirmed in writing within two working days. When an employee is discharged or suspended, the employee shall be given the reason in writing in the presence of his xxxxxxx. The President of the Union or designate shall be advised, within five working days, in writing by the Employer of the reason for such discharge or suspension. It is understood that where the employee being disciplined, suspended or discharged is a xxxxxxx or union officer, the employee shall have the right to have a staff representative or union officer present.
Discipline Procedure. The employee shall be notified in writing by the employer, with full disclosure of the reasons and/or penalty, with a copy to the president of the Union.
Discipline Procedure. To the extent this section is not in compliance with the governing statutory structure comprising the Firefighter Bill of Rights, the employee may elect an alternative formal appeal procedure for a disciplinary action involving discharge, demotion or suspension. The request by the employee for utilization of this alternative process must be made at the time and within the same document as the written request to appeal the final imposition of discipline, pursuant to the timelines outlined. The conduct of the intermediary step (through an advisory fact-finding administrative hearing) before final determination by the Fire Chief shall be as follows: The formal appeal shall be presided over by an administrative law judge ("ALJ") on staff at the State Office of Administrative Hearings. The ALJ shall preside at the appeal hearing, rule on the admission and exclusion of evidence, and make recommendations on matters of procedural and substantive law. In conducting the hearing, the ALJ shall follow the provisions set forth in section 11513 of the California Government Code. A stenographic reporter shall report the appeal proceedings. The costs of the reporter shall be borne equally by both parties. Alternatively, upon consent of all of the parties, the proceedings may be reported electronically. Within 30 days after the case is submitted to the ALJ, the ALJ shall prepare a proposed written decision to be submitted to the Fire Chief. Within 100 days of receipt by the Fire Chief of the ALJ's proposed decision, the Fire Chief may take any of the following actions: • Adopt the proposed decision in its entirety. • Reduce or otherwise mitigate the proposed penalty and adopt the balance of the proposed decision. • Make technical or other minor changes in the proposed decision and adopt it as the decision. Action by the Fire Chief under this paragraph is limited to a clarifying change or a change of a similar nature that does not affect the factual or legal basis of the proposed decision. • Reject the proposed decision and refer the case to the same ALJ if reasonably available, otherwise to another ALJ, to take additional evidence. If the case is referred to the ALJ pursuant to this subparagraph, the ALJ shall prepare a revised proposed decision based on the additional evidence and the transcript and/or other papers that are part of the record of the prior hearing. A copy of the revised proposed decision shall be furnished and the decision shall be served to each party and...
