DISCIPLINE-SHORT OF DISMISSAL Sample Clauses

DISCIPLINE-SHORT OF DISMISSAL. 4 A. Employees may be subject to discipline short of dismissal for just cause with due 5 process. 7 B. Incompetent teaching shall not be subject to discipline under this article.
AutoNDA by SimpleDocs
DISCIPLINE-SHORT OF DISMISSAL. 12.1 The District has the right and responsibility to take disciplinary action where there are instances of unprofessional conduct, or refusal to obey the school laws of the State or reasonable regulations prescribed for the government of public schools by the State Board of Education, the Credentialing Commission, or by the Governing Board of the Carpinteria Unified School District, or by reasonable school-level administrative rules, or by the requirements of the negotiated agreement. 12.2 Discipline short of dismissal is to be for just cause, progressive and corrective. In less serious incidents, the conduct shall have been initially noted by oral discussion about the problem and direction provided. If further action is required, memoranda (formal and informal) that clarify the expectations of the administrator and set out direction for the unit member will be required. An informal memorandum would memorialize oral discussions not intended to go to the personnel file, but these memoranda would be retained in the administrator’s file for two years to be available in subsequent disciplinary matters. The informal memorandum shall provide the Education Code § 44031 notice to the employee, be signed and dated by the administrator drafting it. 12.3 Progressive discipline includes matching the violation with the repercussion to insure that discipline is corrective not punitive. Normally, the sequence will be oral warning, written warning (not in personnel file), written reprimand (in personnel file), and suspension. CAUSE may grieve the disciplinary action when the proposed discipline is for suspension without pay for up to fifteen (15) days. Suspension beyond fifteen days is beyond the jurisdiction of this process. This procedure is intended to comply with the requirements of Government Code § 3543.2. 12.4 The first level of intervention from an administrator to a unit member will be to orally advise the unit member of behaviors that could lead to discipline and provide direction for positive action. Conferences that could lead to discipline allow for representation if the unit member requests (Xxxxxxxxxx). 12.5 This article is subject to arbitration pursuant to the Level III in the grievance procedure when the proposed suspension without pay is for fifteen or fewer days Prior to the arbitration, the District and CAUSE shall meet in a mandatory settlement conference. 12.6 This article shall not be construed as modifying Education Code § 44930 et seq. except as...
DISCIPLINE-SHORT OF DISMISSAL. 20.1.1 Substantiated evidence: All warnings, reprimands, and suspensions shall be based on substantiated evidence.
DISCIPLINE-SHORT OF DISMISSAL. The District and the Union recognize the value of remedial action as a means of correcting problems of performance and assisting the employee to overcome problems of performance. A. The District and the Union agree to discipline short of dismissal based upon these principles: 1. Implementation and enforcement of rules and regulations and the negotiated agreement shall be done in a fair and equitable manner. 2. Application of progressive discipline shall be applied with the intention of improving performance. 3. The rights of the employee shall be respected and guaranteed. 4. At all stages in the implementation of progressive discipline, employees shall have the right of representation. 5. Any disciplinary action taken shall be fair, appropriate and reasonably related to the offense. 6. All procedures taken under this article are subject to the grievance procedure and binding arbitration. 7. Materials, correspondence, and documents related to a disciplinary action against an employee may not be placed in the personnel file unless the discipline has been sustained through grievance procedure or the time for filing a grievance has passed. B. Unit members may be disciplined for the infractions listed below: 1. Violations of District policy and regulations. 2. Abusive behavior toward students, fellow employees or the public while performing school-related duties. 3. Failure to perform contractual obligations.
DISCIPLINE-SHORT OF DISMISSAL. 23.1: In accordance with the principles of progressive discipline and just cause, the District shall have the right to suspend an employee without pay. 23.2: Progressive discipline means that the level of discipline should be tailored to fit the severity of the infraction. 23.2.1 By way of illustration and not limitation, the elements of progressive discipline include: 00.0.0.0: Warning (verbal with a written confirmation). This shall not be placed in the employee’s personnel file except in conjunction with the imposition of future discipline. 00.0.0.0: Written reprimand (issued by an administrator at the level of Principal or above).
DISCIPLINE-SHORT OF DISMISSAL. A. Discipline shall be for just cause only. B. Progressive discipline shall be used. C. Before discipline is imposed, the Unit member shall be given a written statement of charges indicating the facts and causes alleged, the disciplinary action proposed, and notice of the right to appeal such discipline by filing a grievance at Level Three (3) of Article Grievance Procedure of the Agreement. D. Discipline under this article is limited to suspensions of fifteen (15) days or less.
AutoNDA by SimpleDocs
DISCIPLINE-SHORT OF DISMISSAL. 23.1: In accordance with the principles of progressive discipline and just cause, the District shall have the right to suspend an employee without pay. 23.2: Progressive discipline means that the level of discipline should be tailored to fit the severity of the infraction.
DISCIPLINE-SHORT OF DISMISSAL. 17.1 The Association recognizes that the District has the right and responsibility to take disciplinary action when there are instances of unprofessional conduct relating to Education Code 44939, 44940 and/or 44942. 17.2 In exercising this responsibility, the District agrees to progressive discipline, except where the severity of the offense requires otherwise. In all instances, the discipline applied must relate to the severity of the offense, be for just cause, and include due process. 17.2.1 The District shall notify the Association, in writing, and concurrently with notification to the unit member of any contemplated disciplinary action. The notice shall contain a specific statement of the act(s) or infraction(s) upon which the disciplinary action is based, the proposed disciplinary action to be taken by the District, and a statement of the rules, regulations, or statutes which the unit member is alleged to have violated. A unit member shall not be disciplined for any violation of rules, regulations or statutes of which the employee has not been apprised. All information or proceedings regarding any such actual or proposed disciplinary action shall be kept confidential by the District. 17.3 Progressive discipline shall include the following: 17.3.1 Level 1 - Verbal warning from site and/or District administrator. 17.3.1.1 Verbal warning shall specify the conduct that may need to be modified, containing suggestions for modification and advising the unit member of the next level of discipline. 17.3.2 Level 2 - Written warning from site and/or District administrator. 17.3.2.1 Written warnings shall specify the conduct that may need to be modified, containing suggestions for modification and advising the unit member of the next level of discipline. 17.3.3 Level 3 - A written reprimand may be issued for a repeated infraction or violation. In that event, the unit member may, pursuant to Education Code section 44031, respond in writing and have that response attached to the reprimand and placed in the file. 17.3.4 Level 4 - Suspension, without pay, up to 10 days, or other corrective disciplinary action(s) consistent with the type of offense based upon the severity of the offense(s).

Related to DISCIPLINE-SHORT OF DISMISSAL

  • DISCIPLINE/DISCHARGE 25.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstances. 25.02 The affected employee, a Shop Xxxxxxx and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, and the Union shall also be given a copy of any discharge notice that is given to an employee. In all cases of discipline or discharge the Employer shall notify the affected employee, and a Shop Xxxxxxx and the Union in writing of the reasons for taking such action. The notice of discipline or discharge shall be given to the affected employee and a Shop Xxxxxxx promptly and a copy of the discipline or discharge notice shall be forwarded to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the event. 25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said period. (b) Employee’s suspension documentation(s) will be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said period. (c) All documentation(s) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.

  • DISCIPLINE AND DISMISSAL 27.01 The Employer may discipline, suspend or dismiss an employee for just cause only, except for the dismissal of a probationary Employee. Unsatisfactory conduct or performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee's record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Union within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. The Union shall not deny a request by the Employer to extend the timelines due to availability of persons identified by the Employer to be interviewed. A written warning that is grieved and determined to be unjustified shall be removed from the Employee's record. 27.02 In the event an Employee is suspended or dismissed, the Employer shall provide written reasons for the suspension or dismissal to the Employee and the Union forthwith and in any event not later than five (5) days of the action being taken. The action or suspension or dismissal shall be within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act, giving rise to the suspension or dismissal. The Union shall not deny a request by the Employer to extend the timelines due to unavailability of persons identified by the Employer to be interviewed. When action involves a suspension, the notice shall specify the time period of the suspension. 27.03 An Employee who has been subject to disciplinary action may after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee's file does not contain any further record of disciplinary action during the two (2) year period of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. 27.04 The procedures stated in Articles 27.01, 27.02 and 27.03 do not prevent immediate suspension or dismissal for just cause. (a) An Employee required by the Employer to attend an investigation meeting or a disciplinary discussion shall be paid at the applicable rate of pay for time spent in that meeting. (b) Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the Union. 27.06 In the event that an Employee is reported to their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Union forthwith. In the event, an Employee is reported to their licensing body, by someone other than the Employer, the Employee shall advise the Employer of such and the Employee may copy the Union on such notification. 27.07 An Employee absent for three (3) consecutive work days without good and proper reason and without notifying the Employer shall be considered to have terminated their Employment with the Employer. 27.08 For the purposes of this Article, periods of time referred to in days shall be deemed to mean consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays, which are specified in Article 19.

  • Instant Dismissal Nothing in clauses 10.2, 10.3, 10.4 or 10.5 prevents instant dismissal without notice in the case of serious misconduct.

  • Notice of Discipline All notices of disciplinary action shall include a statement of the reasons therefor and a statement advising the employee that the action is subject to Article 20,

  • Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.

  • Removal of Discipline Any reprimand notices or disciplinary measures will remain on the employee or owner operator's file for one year from the date of notice or reprimand unless there is a re- occurrence of the same or similar infraction. At the completion of the one year period, the reprimand or disciplinary notice will be removed from the file. Said files to be removed shall not be considered to be removed but shall be physically removed and destroyed. If a repeat infraction occurs within the one year period, the original and subsequent notices or reprimands will remain on the file for a further year from the date of the most recent notice or reprimand. Reprimand notices and disciplinary measures resulting from violations of a criminal or civil nature, including driving record, will remain part of the employee or owner operator's file indefinitely. Whenever an employee or owner operator signs a document pertaining to discipline, he/she does so only to acknowledge that he/she has been notified accordingly.

  • Early Dismissal DTU representatives and/or elective officers shall be permitted to leave the work location at 4:15 p.m., if assigned to administrative buildings, and at the time students are dismissed, if assigned to a school center, in order to attend DTU meetings. Those leaving to attend such meetings must advise the administrator in charge reasonably in advance of such meetings.

  • Progressive Discipline Both parties endorse the principle of progressive discipline as applied to professionals.

  • Religious Objection Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support the Union as a condition of employment. Such an employee shall, in lieu of dues and fees, pay sums equal to such dues and fees to a non-religious charitable fund. These religious objections and decisions as to which fund will be used must be documented and declared in writing to the Union. Any employee exercising their right of religious objection must provide the Union with a receipt of payment to an appropriate charity on a monthly basis.

  • Notice of Disciplinary Action The Employer shall advise an Employee in writing of any disciplinary action taken including, but not limited to warning, reprimand, suspension, discharge or termination and the reasons in full for such action, at the time of taking any such action. The Employer shall also promptly provide the Union with a copy of each such disciplinary notice. If the matter is grieved by the Union, or otherwise litigated in any manner, the Employer shall be limited to those grounds (reasons) specified in the disciplinary notice for the action(s) taken.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!