Common use of Discipline, Suspension, and Termination Clause in Contracts

Discipline, Suspension, and Termination. 1. A union member shall be entitled to the presence of a Union representative at an investigatory interview if he/she requests one and if the employee has reasonable grounds to believe that the interview may be used to support disciplinary action. 2. Employees who have completed their period of probation shall be entitled to continuing employment and shall not be discharged, or demoted to a position of lower classification except for just cause. Any complaint that an employee (other than a probationary employee) has been discharged, suspended without pay or demoted to a position of lower classification for other than just cause, shall be subject to the grievance procedure provided by Article XXIV of the Contract. (The term “discharged” does not pertain to “layoffs.”) 3. Employees covered by this Contract may be suspended without pay for dereliction of duty, insubordination, persistent discourteous treatment of the public, students, or fellow employees, failure to make reasonable provisions for payment of just debts, being absent from duty without leave, reporting to work intoxicated or with liquor on his/her person, thievery, immoral acts, falsifying information regarding industrial injury claims or absence for reasons of illness, illegal substances or for any other similar infractions. 4. The Director of Food Service, the Assistant Superintendent for Human Resources and Superintendent have the authority to suspend, subject to the provisions of Article VI, Section 3, of this Contract. Suspensions may be with or without pay and could lead to exoneration, reprimands, or dismissal. 5. Upon the request of the employee concerned, any suspension without pay shall be subject to the regular grievance procedure contained in Article XXVI of this Contract. 6. The right to discharge is vested solely in the Board, and each individual situation shall be ruled on by the Board, subject to Article IV of this Agreement. 7. It is understood that in cases of termination of employment of any non-probationary employee, the reason or reasons will be given to the employee concerned, at his/her request. 8. In the case of voluntary termination of employment, either by the employee or by the authority of the Board, two (2) week notice will be given where possible, unless the Board concludes that continued presence of the employee on the premises will be detrimental to the best interest of the school, in which case employment may be terminated immediately upon notice, along with two (2) weeks pay in lieu thereof; providing, however, that if such employment is terminated by reason of serious misconduct, intoxication, acts involving moral turpitude, or any offense that will bring discredit upon the school, the two (2) week pay will be forfeited. In cases where an employee fails to give the two (2) week notice, it is understood that all fringe benefits accrued to the employee will be forfeited.

Discipline, Suspension, and Termination. 115.1. A union member shall be entitled to the presence of a Union representative at an investigatory interview if he/she requests one and if the employee has reasonable grounds to believe that the interview may be used to support disciplinary action. 215.2. Employees who have completed their period of probation shall be entitled to continuing employment and shall not be discharged, discharged or demoted to a position of lower classification except for just cause. Any complaint that an employee (other than a probationary employee) has been discharged, suspended without pay pay, or demoted to a position of lower classification for other than just cause, cause shall be subject to the grievance procedure provided by Article XXIV 23 of the Contract. (The term “discharged” does not pertain to “layoffs.”) 315.3. Employees covered by this Contract may be suspended without pay for dereliction of duty, insubordination, persistent discourteous treatment of the public, students, or fellow employees, failure to make reasonable provisions for payment of just debts, being absent from duty without leave, reporting to work intoxicated or with liquor on his/her person, thievery, immoral acts, falsifying information regarding industrial injury claims or absence for reasons of illness, illegal substances substances, or for any other similar infractions. 415.4. The Director of Food Service, the Assistant Superintendent for Human Resources Resources, and Superintendent have the authority to suspend, subject to the provisions of Article VI, Section 3, 15.3 of this Contract. Suspensions may be with or without pay and could lead to exoneration, reprimands, or dismissal. 515.5. Upon the request of the employee concerned, any suspension without pay shall be subject to the regular grievance procedure contained in Article XXVI 23 of this Contract. 615.6. The right to discharge is vested solely in the Board, and each individual situation shall be ruled on by the Board, subject to Article IV 4 of this Agreement. 715.7. It is understood that in cases of termination of employment of any non-non- probationary employee, the reason or reasons will be given to the employee concerned, at his/her request. 815.8. In the case of voluntary termination of employment, either by the employee or by the authority of the Board, two (2) week weeks’ notice will be given where possible, unless the Board concludes that the continued presence of the employee on the premises will be detrimental to the best interest of the school, in which case employment may be terminated immediately upon notice, along with two (2) weeks weeks’ pay in lieu thereof; providing, however, that if such employment is terminated by reason of serious misconduct, intoxication, acts involving moral turpitude, or any offense that will bring discredit upon the school, the two (2) week weeks’ pay will be forfeited. In cases where an employee fails to give the two (2) week weeks’ notice, it is understood that all fringe benefits accrued to the employee will be forfeited.