Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances. Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections. Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee. Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals. Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed. Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer. Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any). Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate. Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion. Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records. Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the right to discipline reasons for the suspension or discharge any non-probationary Employee for just cause. Any such discipline or discharge dismissal.
42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesemployee so desires.
Section 13.2 42.03 The City and Union agree Employees Employer shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview notify an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent dissatisfaction concerning his/her work hours) prior to a pre-action hearing and within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer.
42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.
(or equivalent work hoursa) prior to a pre-termination hearing. The written notification of hearings Employees shall include: 1) general information concerning have the alleged offense(s)right, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the at any time, date to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and place of hearing, and 5such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Union Shop Xxxxxxx or representative at the hearing, 6) the name of the hearing officerpresent on all matters relating to employer/employee relations.
Section 13.7 Notice of a pre-42.06 If, upon investigation, the Employer feels that disciplinary action hearing means that is necessary, such action shall be taken based on the Employee Collective Agreement. In situations where the Employer is being considered for discipline involving a suspension without pay or demotion as a possible outcome of unable to investigate the hearing. Notice of a pre-termination hearing means that matter to its satisfaction, but feels the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall should be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees place of employment, it shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordspay.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 5 contracts
Samples: Collective Agreement, General Service Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves parties endorse the concept of progressive discipline.
17:01 When a supervisor finds it necessary to submit a disciplinary letter on an employee, it shall be in writing and it shall contain:
(a) particulars regarding the work performance or other employment related action giving rise to the letter.
(b) disciplinary and/or corrective measure utilized and recommendations for further action.
(c) a statement certifying that the letter has been read by and discussed with the employee concerned. It is understood that Performance Appraisals do not constitute a disciplinary document under the meaning of this Article.
17:02 An employee shall have the right to discipline or discharge any non-probationary Employee for just causecomment on a disciplinary letter in writing. Any such discipline or discharge The employee’s written comments shall be subject provided within five (5) working days of the receipt of the disciplinary letter.
17:03 The disciplinary letter and the employee’s comments shall become part of the employee’s personnel file and copies shall be forwarded to the Grievance or Appeals ProcedureUnion.
17:04 In the event that no subsequent disciplinary letter is filed during a period of twenty-four (24) months, as applicablethe disciplinary letter shall be removed from the file and will not become part of any subsequent disciplinary actions. In situations involving discipline for proven matters of a more serious nature such as sexual harassment or theft, the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle disciplinary letters shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing be removed from the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesfile.
Section 13.2 The City and Union agree Employees 17:05 In situations where a supervisor/principal meets with an employee for the purpose of discussing a matter of formal discipline, the supervisor/principal shall be treated as consistently as possible as concerns notify the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission employee of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, right to have a Union representative Xxxxxxx present. Management Formal discipline is not required understood to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with any disciplinary action at the written Employee Counseling Recordreprimand level or above. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees Union Stewards shall be given the opportunity to perform their required duties free from hindrance. It is understood that Union Stewards will make arrangements with the appropriate supervisor/principal when duties require them to be absent from their regularly assigned duties.
17:06 Any employee who is absent without leave other than for proven sickness, disability or injury for three (3) consecutive days will be considered to have a abandoned their employment and will be terminated for cause, unless the employee can demonstrate that it was unreasonable to expect them to be at work.
17:07 An employee may be suspended for just cause. When an employee is suspended they shall be given the reason in the presence of their Xxxxxxx. Such employee and the Union Xxxxxxx or representative, chosen shall be advised by the Employee, present in any disciplinary hearing. Employees shall be notified Board promptly in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior the reason for such suspension. Such employee shall have recourse to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearingthe grievance procedure.
17:08 An employee who has completed the probationary period may be dismissed for just cause upon the authority of the Board. The written notification of hearings Union shall include: 1) general information concerning be provided the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right opportunity to have a Union Shop Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the present when an employee is being considered for any level of discipline up to dismissed. Such employee and including discharge as a possible outcome the Union shall be advised promptly, in writing, by the Board of the hearingreason for the dismissal. Such employee shall have recourse to the grievance procedure, but Steps 1 and 2 of the grievance procedure shall be omitted in such a case.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action 17:09 Employees who have been unjustly demoted, suspended or pre-termination hearing, the burden of proof dismissed shall be upon management immediately reinstated in their former position without loss of seniority. They shall be compensated for all time lost in an amount equal to show their normal earnings during the pay period next preceding such dismissal or suspension, or by any other arrangement as to compensation which is just cause for and equitable in the subject discipline. Upon conclusion opinion of the parties or in the opinion of a disciplinary hearingBoard of Arbitration, if the Union Xxxxxxx or representative shall be afforded the opportunity matter is referred to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)such a Board.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. 17:10 In cases where the Employee is on paid administrative leave, conduct of a permanent employee warrants the Department shall have sole authority to determine immediate removal of the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request employee from the Union. If the Employee has been involved with a possible criminal offenseBoard’s premises, the employee shall be placed suspended, pending investigation of the details surrounding the incident. The union shall be promptly informed of such action. A decision on either authorized personal leave or leave without pay the matter shall be communicated to the employee and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part Union by management personnel within three (3) working days of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentsuspension.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentdepartment except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 20.1 Discipline of a member under this Article may include any written reprimand, demotion, suspension with or without pay, or dismissal from service. The City reserves Board subscribes to the right to discipline or discharge principles of progressive discipline. No disciplinary action shall be instituted against any non-probationary Employee for bargaining unit member without just cause. Any such discipline or discharge disciplinary action shall be subject predicated upon written charges related directly and substantially to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances alleged unsuitability of the offense and the Employee’s performance record, and member to discharge his professional responsibilities. Discipline shall not be corrective rather than punitive (except used to restrain members in the case exercise of termination). This principle shall not apply to deliberate academic freedom or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property other rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancescitizens.
Section 13.2 The City and Union agree Employees 20.2 When Management has reason to believe an incident(s) has occurred which might serve as grounds for discipline, it shall be treated as consistently as possible as concerns investigate prior to the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal ConductSection 20.3 below. This Interviews with the employee and others may be conducted during any such investigation. Before such interview occurs, the member shall not preclude be advised of his right to Union representation and shall acknowledge in writing that he has been given such opportunity. If the rights of individual departments and managers refuses to set forth specific rules or manners of operating their work areas which are related make such written acknowledgment, Management shall notify the Union prior to the provision of specific services and the mission of their work sectionsmeeting.
Section 13.3 If it is necessary to interview 20.2.1 In cases where the President/Chancellor believes that an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview employee's presence on campus may result in disciplinary action against him endanger himself or herothers, the Employee has the right, upon request, to have employee may be placed on a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose paid leave pending completion of the meeting and be given reasonable time above process.
20.3 Prior to confer imposing any disciplinary action, the appropriate Management official shall meet with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees member who shall be given the opportunity to have be accompanied by a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees The member shall be notified acknowledge in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded he has been given the opportunity to meet privately with be accompanied by the hearing officer for no more than ten (10) minutes Union representative. If the individual refuses to make such written acknowledgment, Management shall notify the Union representative prior to the hearing officer meeting with management representativesmeeting. Hearings At this meeting, written charges shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action presented to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateemployee.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 28.01 In the event that the Employer deems disciplinary action necessary, the Employer will first contact the Union Representative and advise them of the meeting that will take place. The City reserves Union Representative will choose to attend the right meeting or ask a Shop Xxxxxxx to discipline attend on their behalf. In some cases, both the Union Representative and the Shop Xxxxxxx may be in attendance at the meeting.
28.02 In order for disciplinary action or discharge any non-probationary Employee for just cause. Any such discipline to be valid, the Shop Xxxxxxx or discharge Union Representative, shall be subject present when an employee of the bargaining unit:
(a) is given a discipline which is to be entered on the Grievance employee’s personnel file;
(b) is suspended or Appeals Procedure, as applicabledischarged. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the unusual circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If where it is necessary for the Employer to interview an Employee to discover information as part advise the employee by mail of an investigationdischarge, and the Employee has Union office will be faxed or emailed a copy of such notice. All discipline must be given within a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee period of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeetime.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall 28.03 All disciplinary meetings will be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearingprivate. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall will be given a copy of such discipline which is to be extended on the employee’s personnel file at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employeedisciplinary meeting. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous the employees’ signature on a disciplinary issues shall be considered part notice indicates receipt of the progressive disciplinary process regardless of similaritynotice only. HoweverIf the Employer is unable to contact the employee directly, disciplinary actions shall normally be considered in future disciplinary reviews a registered letter sent to the employee’s last known address will suffice.
28.04 In order for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either or discharge to be valid, a copy must be provided to the grievance member in writing, and faxed or appeal procedure emailed to the Union office within one (1) working day.
28.05 The Employer agrees that disciplinary notices shall be removed from the Employeeemployee’s Human Resources Department file and the Employee’s official personnel file after eighteen (18) months, unless there were same or similar issues within his/her department.
Section 13.12 Employees the eighteen (18) month period or unless the discipline was for harassment under Appendix “C” of this Collective Agreement. Said disciplinary notices cannot be used against the employee at a later date. This time period of eighteen (18) months shall be allowed to review and copy contents not include periods of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards layoff or other Union representatives shall also be allowed to review and copy the contents periods of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure leaves of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended absence without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves Documents related to disciplinary measures
22.01 Notice of disciplinary action which may have been placed on the right to discipline or discharge any file of that employee shall be destroyed after two (2) years have elapsed since the disciplinary action took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period.
22.02 Any disciplinary record in the employee’s file of which he/she was not made aware at the time it was placed there shall be declared null and non-probationary Employee for just cause. existent.
22.03 The employer will withdraw from the employee's file and destroy, without delay, any document of a disciplinary nature which has been proven to be ill-founded, in whole or in part.
22.04 Any such discipline or discharge shall be subject disciplinary action is communicated to the Grievance or Appeals Procedure, as applicableconcerned employee in a written notice with copy to the union. In This disciplinary notice describes the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense disciplinary action and the Employee’s performance recordreasons explaining it. Only disciplinary actions submitted in writing to the employee and the union, in accordance with this article, may be submitted as evidence during an arbitration and be corrective rather than punitive (except placed in employee’s file. Except in the case of termination). This principle shall not apply to deliberate or a serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesoffence, probationary Employees have no due process or property rights in their positions until a suspension only becomes effective after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (following receipt of the disciplinary action by the employee.
22.05 Where written departmental standards of discipline are developed or equivalent work hours) prior amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.
22.06 A written reprimand, a pre-action hearing and five (5) working days (suspension or equivalent work hours) prior to a pre-termination hearingdismissal are disciplinary measures that may be applied depending on the severity or the frequency of the alleged offence. The written notification Employer will not take disciplinary actions without sufficient and just cause for which he has the burden of hearings shall include: 1) general information concerning proof.
22.07 At any administrative inquiry, hearing or investigation conducted by the alleged offense(s)Employer, 2) where the work rule(s) violated (if any), 3) actions of an employee may have had a bearing on the policy events or procedure(s) violated (if any), 4) the time, date and place of hearingcircumstances leading thereto, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up required to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline appear at the time such action is takenadministrative inquiry, hearing or investigation being conducted, he/she may be accompanied by a union representative. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offenseWhere practicable, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part receive a minimum of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) yearsworking days’ notice of such administrative inquiry, except in cases involving unusually serious offenses including but hearing or investigation being conducted as well as its purpose. The unavailability of the union representative will not limited to allegations of discrimination delay the inquiry, hearing or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed investigation more than forty-eight (48) hours from the Employee’s Human Resources Department file and time of notification to the Employee’s official personnel file within employee.
22.08 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning him/her, the employee is entitled to have, at his/her departmentrequest, a union representative attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such a meeting as well as its purpose.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-15.1 Except for those covered employees who may be terminated during their probationary Employee period, no covered employee shall be disciplined except for just cause. Any such discipline or discharge The just cause provision shall be subject not apply to the Grievance separation of covered employees due to the cessation of funding from a grant or Appeals Procedureexternal source, as applicableor layoffs due to retrenchment.
15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. In Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the administration College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of this Articlecounsel, all and contents of performance evaluations are not considered disciplinary actions. Although discipline shall will normally be reasonably expedientimposed in a progressive manner, progressive in nature, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing and shall specifically cite the offense and act or omission that supports the Employee’s performance record, and be corrective rather than punitive (except disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the case presence the employee.
15.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of termination)issuance. This principle An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not apply be deemed to deliberate be acceptance of the rendered discipline or serious offenses as a waiver of any right to which the employee may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesentitled.
Section 13.2 The City and Union agree Employees 15.4 As set forth in Article 4.5.7, a covered employee shall be treated as consistently as possible as concerns entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him or him/her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the Association representative's role at an investigative interview or meeting and be given reasonable time is to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter consult with the employee. Counseling The CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this type Article shall apply to both full- time and part-time covered employees.
15.5 A covered employee who is the subject of a disciplinary investigation shall be held notified in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the identity of the party or parties to perform the investigation, and the anticipated date of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationthe investigation. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process All investigations shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representativecompleted within sixty (60) calendar days, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing unless exceptional circumstances justify an extension of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name time for completion of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearinginvestigation. Notice of a pre-termination hearing means that an extension shall be in writing by the President or Chancellor, as applicable, to the employee is being considered for any level of discipline up to and including discharge as a possible outcome before the expiration of the hearing.
Section 13.8 Discipline above sixty (60) day period and shall set forth the level exceptional circumstances and the date of written reprimand shall require a certified hearing officer from outside the departmentanticipated completion. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof The employee shall be upon management to show just cause for informed in writing when the subject disciplineinvestigation is complete and of the determination of the investigation. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative Investigations shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall normally be conducted by an impartial hearing officer designated by the Human Resources Director or designeein a confidential manner. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until During any investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within retain his/her department.
Section 13.12 Employees shall be allowed to review current position, status, schedule, assignment and copy contents rate of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, mayexcept as provided in Article 15.6, at below or as otherwise determined based on the sole discretion of circumstances surrounding the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvematter under investigation.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 35.01 The City reserves Employer shall not discipline nor dismiss any employee who has completed their probationary period except for just cause.
35.02 Prior to the imposition of any form of discipline or discharge, an employee shall be notified that the meeting is disciplinary and arrangements will be made to have a Shop Xxxxxxx of their choice and/or the Union Representative to attend. If either or both are unavailable within twenty-four (24) hours, the meeting will take place with an alternate shop xxxxxxx or other bargaining unit member of the employee’s choice. If the meeting is not disciplinary but to discuss work performance an employee has the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to request the Grievance or Appeals Procedure, as applicable. In the administration presence of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesa Shop Xxxxxxx.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in 35.03 All disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type meetings shall be held in private between and shall take place on the Employee Employer's premises.
35.04 The affected employee, the Shop Stewards, and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written responseUnion, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file and of any discharge notice that is given to the affected employee. The written notice of discipline or discharge shall include or be accompanied by the written reasons for taking such action. Any such notice of discipline and/or discharge shall be given to the affected employee and the Shop Xxxxxxx immediately and a copy of the discipline or discharge notice shall be provided to the Union within twenty-four (24) hours of the event via email. If the affected employee and/or Shop Xxxxxxx is not present at the time such action that the disciplinary or discharge notice is taken. This document issued, the Employer shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action send it via registered mail to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateaffected employee's current address on file.
Section 13.10 Pending 35.05 Where the Employer makes a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt written assessment of an extension request from the Union. If the Employee has been involved with a possible criminal offenseemployee's work performance, the employee shall be placed on either authorized personal leave or leave without pay entitled to receive a copy. The employee shall sign the assessment indicating only that they have read and understands the timeframes for investigation and contents. The employee may, within thirty (30) days of having received a copy of the pay status determination assessment, respond in writing to the assessment, which response shall be solely at management’s discretionpart of their record.
Section 13.11 It is understood that previous disciplinary issues 35.06 Employees covered by this Agreement shall be considered part of the progressive disciplinary process regardless of similarity. Howeverhave supervised access to their own personnel file, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed upon written request from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 employee involved. Employees shall be allowed able to review and copy contents obtain copies of his/her Human Resources items in their personnel file under appropriate supervision when requested. Any written, signed, and with reasonable advance noticedated responses to items in the file by the employee will be placed in their file. Stewards or other Union representatives Employees shall also be allowed to review and copy not remove any documents from the contents of an Employee’s Human Resources Employer file. The Employer shall maintain only one (1) personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsper employee.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 11.1 The City reserves Parties agree that the purpose of discipline is correction. Its primary purpose is to ensure employees perform their duties in a manner that does not interfere with the Corporation's right to discipline conduct its business or discharge rights of other employees. It is agreed the Parties will deal promptly with matters of discipline.
11.1.1 Discipline is any non-probationary Employee action taken by the Corporation concerning an employee's work or conduct, which may be detrimental to the employee's position within the Corporation. Disciplinary measures taken against employees shall be for just and sufficient cause. Any such It is understood that all measures of discipline or discharge will be contained in the employee's Status and Pay file.
11.2 The following outlines the process that must be followed when the Corporation decides discipline is to be imposed.
11.2.1 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting. The Union shall be provided with a copy of the notice in advance. This notice will contain the subject matter to be discussed at the Grievance or Appeals Procedure, as applicable. In meeting and the administration of this Article, all discipline employee shall be reasonably expedient, progressive in nature, based upon the circumstances advised of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, his/her right to have a Union representative present. Management is not required to inform from the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationlocation attend. The unavailability of a Union representative shall be told the purpose of will not delay the meeting and be given reasonable time for more than five (5) business days from the date of notification to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type A Union representative may attend any discipline hearing/meeting at their location.
11.2.2 At the meeting there shall be held in private a full discussion between the Employee employee, the employee's supervisor and/or other designated management representative and the supervisor. Counseling Union representative.
11.2.3 Following this meeting, any disciplinary action that is not considered discipline and is not subject taken shall be communicated to the Grievance Procedureemployee in writing, outlining all the pertinent details and reason(s) for imposing discipline. Such written notice must be sent to the employee within twenty (20) business days of the discussion. A written Employee Counseling Record copy will be sent to the local Union representative.
11.2.4 If the twenty (20) day time limit referenced above cannot be met, it may be completed to document such counseling with extended by a copy further ten (10) days provided to the Employee. The Employee may provide a written response, which shall be retained with employee and the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware national office of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to Union have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be been notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing the reason for the delay and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings extension.
11.2.5 If this procedure is not followed, such discipline shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name not become part of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay employee's record or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence used against him/her prior to at any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)time.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 4 contracts
Samples: Collective Agreement, Collective Bargaining Agreement, Collective Agreement
Discipline. Section 13.1 10.1 The City Employer reserves the right to discipline discipline, suspend, or discharge any non-probationary Employee Employees for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees 10.2 An Employee shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such have a Xxxxxxx present at a meeting if management denies union called by the Employer for disciplinary purposes. Where circumstances require immediate imposition of discipline and a Xxxxxxx is not readily available every reasonable effort shall be made to have the President, or designate, of the Local present. If the Employee has requested representation and continues to question neither the EmployeeXxxxxxx, nor the President is immediately available, then the Employer shall advise the Union as soon thereafter as possible of the discipline imposed.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the 10.3 An Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-disciplinary action. Unless specifically directed otherwise by the Employee, the Employer shall notify the Union of the action hearing at least two taken within 48 hours of such decision unless otherwise directed by Section 27, subsection (2k) working days of the Freedom of Information and Protection of Privacy Act (or equivalent work hours) prior Nova Scotia).
10.4 Whenever the Employer deems it necessary to discipline an Employee, in a pre-action hearing and manner indicating that dismissal may follow any further infraction, the Employer shall, within five (5) working days thereafter, give written particulars of such incident to the Employee, with notice to the Union, unless otherwise directed by Section 27, subsection (or equivalent work hoursk) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice Freedom of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome Information and Protection of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten Privacy Act (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if anyNova Scotia).
Section 13.9 Discipline 10.5 Where it is determined, through the grievance process that an Employee has been unjustly disciplined, suspended or discharged, the Employer shall include: written reprimandsforthwith compensate the Employee for any amounts as agreed between the parties or as determined by arbitration, suspensions without payincluding where appropriate, demotionsreinstatement. If the grievance is sustained in full, and discharges. Employees disciplined all records held by the employer dealing with such discipline, suspension or discharge shall be given a copy of such discipline at removed from the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time Official Employment File and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or destroyed immediately upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionfinal decision.
Section 13.11 It is understood that previous disciplinary issues shall be considered part 10.6 Records of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure any discipline shall be removed from the Employee's Official Employment File if, within the subsequent thirty (30) months of actual work, there have been no further incidents of the same or of a similar nature. When a record of discipline has been on an Employee’s Human Resources Department file and File for more than twelve (12) months, the Employee may request the record to be removed from the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review Official Employment File and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees may agree or not agree to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordssuch request.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 7.01 In the event the Company is considering the discipline of an Employee the Supervisor shall, prior to making a decision, discuss the situation with the Employee in the presence of the Shop Xxxxxxx or Union Representative to give the Employee the opportunity to be heard.
7.02 The City reserves Supervisor shall then further investigate the right situation, if appropriate, after the Employee has been heard and render a decision, in writing, to discipline or discharge any non-probationary the Employee, the Union Xxxxxxx, the Union Office, and Human Resources.
7.03 If the Supervisor feels that the Employee for just causeshould leave the worksite immediately because of the nature of the incident, the Employee will be on suspension pending an investigation.
7.04 Should the Company consider that an Employee’s actions warrant dismissal, such Employee shall be dismissed. Any such action, with reasons, will be recorded, in writing, to the Employee, with copies to the Union Xxxxxxx, the Union Office, and Human Resources.
7.05 Employees serving probation as a result of discipline or discharge shall have such probation suspended for the equivalent time they are away from work for any reason other than assigned days of rest.
7.06 Should any disciplinary action be found not to be in accordance with the provisions of this Agreement, the Employee shall be promptly returned to former status in all respects and shall be compensated for net loss of earnings suffered by reasons of such disciplinary action.
7.07 Employees, who are subject to the Grievance or Appeals Procedurediscipline, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive accountable for their actions regardless of their participation in nature, based upon the circumstances of Employee and Family Assistance Program (EFAP).
7.08 Corporate Personnel Files
(i) Arrangements will be made for Employees to view the offense and Corporate personnel file maintained under the Employee’s performance record, and be corrective rather than punitive (except in name by means of a written request from the case of termination). This principle shall not apply Employee to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesHuman Resources.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns (ii) Employee requests for the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing removal of any pre-action hearing at least detrimental document that has been on file for over a two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee year period must be afforded an opportunity forwarded to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, Human Resources by the Union Xxxxxxx or representative shall be afforded Office. Removal of such documents is subject to agreement between the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing Company and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Union.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge 5.01 An employee’s record shall be subject to the Grievance or Appeals Procedure, defined as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is record for the Employee’s responsibility past eighteen (18) months of active service. Any employee, having been disciplined by the Corporation may contact his/her Union Representative, who may file a grievance within ten (10) days to know and request Union representation. be dealt with as hereinafter provided.
5.02 The Union representative following procedures shall be told followed regarding the purpose investigation and handling of complaints from the public about the conduct of an employee or employees;
(a) A complaint means a complaint received by Transit Services from a member of the meeting and be given reasonable time to confer with public regarding the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeconduct of an employee.
Section 13.4 For minor offenses by an Employee(b) If a complaint is to be considered for disciplinary action, management has a responsibility it must be forwarded to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees Transit Services within thirty (30) calendar days from becoming aware of the alleged offenseincident in question. If such a complaint is not received within the above time limit, the complaint shall not be considered for discipline. A disciplinary action report should photocopy shall be offered presented to a member of the Union Executive. Names and identifying information shall not be provided to the Employee within seven employee by either the Union or Management.
(7c) calendar days Nothing herein shall prevent Transit Services from interviewing employees concerning verbal complaints or emails. However, verbal complaints or emails must be followed by a statement that is signed by the complainant to result in disciplinary action. Such record may be kept for up to eighteen (18) months of completion the incident.
(d) When an employee is required to report to the Corporation Officer investigating the complaints the employee shall be paid at the applicable rate for all lost time.
5.03 Causes for dismissal will include, among other reasons, theft, destruction or abuse of a final pre-action Corporation property, habitually reporting late, gambling while on duty, abusing privileges of employee's free transportation, causing an accident through carelessness or pre-termination hearing resulting in discipline neglect, incivility to passengers, profanity on coaches or terminationon the premises of the Corporation, missing fares through neglect, absent without leave after one working period. Upon Management providing written notice Causes will also include not complying with the rules of a delay maintenance procedure as laid out in the process stated abovegarage, Management will be given additional timerepeated failure or come backs of mechanic's work due to carelessness, inefficiency or neglect. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representativeIn all cases, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall may have the right to appeal or grieve such discipline as provided under Article 14 6 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateAgreement.
Section 13.10 Pending a pre5.04 It is mutually understood and agreed upon that Casual Operators and probationary employees may be dismissed for reasons less serious than those affecting full-action or pre-termination hearingtime employees. Such causes shall include, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leavebut not be limited to, the Department shall have sole authority matters pertaining to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay performance and the timeframes for investigation and the pay status determination shall be solely at management’s discretionability to get along with others.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 11.1 The City reserves the right to employer will discipline or discharge any non-probationary Employee employees for just causecause only. Any such discipline Disciplinary action will be in the form of:
a) oral reprimand;
b) written reprimand;
c) suspension without pay; or
d) discharge. Both the employer and the union agree that the above list of types of disciplinary action is not meant to imply a sequence of events. Disciplinary action taken by the employer must be done in a manner that will not intentionally embarrass the employee before other employees or discharge shall the public, except that action taken in accordance with Articles 11.3 and 11.5 must not be subject to the Grievance or Appeals Procedure, as applicable. In the administration in violation of this Articleprovision.
11.2 Written reprimands, all discipline shall suspensions and discharges will be reasonably expedientin written form.
11.3 Written reprimands, progressive in nature, based upon the circumstances notices of the offense and the Employee’s performance recordsuspension, and be corrective rather than punitive (except in the case notices of termination). This principle shall not apply discharge to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as become part of an investigationemployee’s Human Resources file must be presented in the presence of a union xxxxxxx or Business Agent, if the employee requests their presence, and acknowledged by signature of either the Employee employee, xxxxxxx, or Business Agent. The disciplined employee and the union will receive a copy of such reprimands and/or notices. When an employee has a reasonable belief that not reported for work or has left the interview may result in disciplinary action against him or herwork site, the Employee has notice may be delivered by certified mail.
11.4 Disciplinary actions entered into an employee’s Human Resources file must be removed after one calendar year, if no further disciplinary actions have been taken during that year. Records of suspension must be retained in the rightofficial personnel file for eighteen (18) months, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right exception of suspensions for issues related to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written responsesexual or racial harassment or physical violence, which shall must be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official personnel file for five (5) years.
11.5 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the employer. Permission must be secured from the supervisor if this would occur during work time. An individual's personnel file is that maintained by the Human Resources Department file. However, should an Employee grieve or appeal any employment action in addition to the future, counseling vacation and sick leave records may be used as evidence in these grievance hearings or appealsmaintained by each operating department.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A 11.6 An investigation involving possible disciplinary action report should be offered to defined in Article 11.1 will not begin until the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be employee has been given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, Representative present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officersuch questioning.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay 11.7 Any employee found to be unjustly suspended or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee discharged must be afforded an opportunity to hear reinstated and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for must suffer no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)financial loss.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 11.1 The City reserves parties agree the purpose of discipline is correction. Its primary purpose is to ensure employees perform their duties in a manner that does not interfere with the Corporation's right to discipline conduct its business or discharge rights of other employees. It is agreed the parties will deal promptly with matters of discipline.
11.1.1 Discipline is any non-probationary Employee action taken by the Corporation concerning an employee's work or conduct, which may be detrimental to the employee's position within the Corporation. Disciplinary measures taken against employees shall be for just and sufficient cause. Any such It is understood that all measures of discipline or discharge will be contained in the employee's Status and Pay file.
11.2 The following outlines the process that must be followed when the Corporation decides discipline is to be imposed.
11.2.1 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting. The Union shall be provided with a copy of the notice in advance. This notice will contain the subject matter to be discussed at the Grievance or Appeals Procedure, as applicable. In meeting and the administration of this Article, all discipline employee shall be reasonably expedient, progressive in nature, based upon the circumstances advised of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, his/her right to have a Union representative present. Management is not required to inform from the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationlocation attend. The unavailability of a Union representative shall be told the purpose of will not delay the meeting and be given reasonable time for more than five (5) business days from the date of notification to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type A Union representative may attend any discipline hearing/meeting at their location.
11.2.2 At the meeting there shall be held in private a full discussion between the Employee employee, the employee's supervisor and/or other designated management representative and the supervisor. Counseling Union representative.
11.2.3 Following this meeting, any disciplinary action that is not considered discipline and is not subject taken shall be communicated to the Grievance Procedureemployee in writing, outlining all the pertinent details and reason(s) for imposing discipline. Such written notice must be sent to the employee within twenty (20) business days of the discussion. A written Employee Counseling Record copy will be sent to the local Union representative.
11.2.4 If the twenty (20) day time limit referenced above cannot be met, it may be completed to document such counseling with extended by a copy further ten (10) days provided to the Employee. The Employee may provide a written response, which shall be retained with employee and the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware national office of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to Union have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be been notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing the reason for the delay and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings extension.
11.2.5 If this procedure is not followed, such discipline shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name not become part of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay employee's record or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence used against him/her prior to at any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)time.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline 32.01 Any employee who is suspended or discharge any non-probationary Employee for just cause. Any such discipline or discharge dismissed shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-such suspension or dismissal be provided with written notification which shall state the reasons for the suspension or dismissal.
32.02 All dismissals, suspensions and other disciplinary action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedsubject to the formal Grievance Procedure as outlined in Article 8, if the employee so desires.
Section 13.6 Employees 32.03 The Employer shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified notify an employee in writing of any pre-action hearing dissatisfaction concerning his work within seven (7) calendar days of the event of the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his record for use against him at least two any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his work or otherwise which may be detrimental to an employee's advancement or standing with the Employer.
32.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.
(2a) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings Employees shall include: 1) general information concerning have the alleged offense(s)right, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the at any time, date to have the assistance of a full time representative(s) of the Union on all matters relating to Employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their Supervisor and place of hearing, and 5such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Union Shop Xxxxxxx or representative at the hearing, 6) the name of the hearing officerpresent on all matters relating to Employer/employee relations.
Section 13.7 Notice of a pre-32.06 If, upon investigation, the Employer feels that disciplinary action hearing means that is necessary, such action shall be taken based on the Employee Collective Agreement. In situations where the Employer is being considered for discipline involving a suspension without pay or demotion as a possible outcome of unable to investigate the hearing. Notice of a pre-termination hearing means that matter to its satisfaction, but feels the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall should be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees place of employment, it shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordspay.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves 1. Occurrences will be tracked over a Rolling Year,
2. Discipline will occur for Major Occurrences as follows:
a. On the 1st Major Occurrence, the employee’s Department Manager will counsel and, in person orally warn the employee of the consequence of failing to abide by attendance and tardiness policy, and offer coaching and counseling to correct the issue,
b. On the 2nd Major Occurrence, the Department Manager will counsel and warn the employee in person of the consequence of failing to abide by attendance and tardiness policy. A written warning will be issued at this time,
c. On the 3rd Major Occurrence, a 3-day suspension without pay will be imposed,
d. On the 4th Major Occurrence, the employee will be terminated.
3. Any Major Occurrence which results in breach of patient care standards, endangers a patient or another employee, or results in serious damage, injury or loss to the hospital will, regardless of prior history, be treated as 3rd occurrence, and any subsequent occurrence within a Rolling Year thereafter will result in termination.
4. Aggravated No Call/No Show discipline:
a. On the first incident of aggravated no call/no show, the CNO will meet with the employee, review the facts of the incident and consider the employee’s explanation, if any, and impose discipline which may consist of a written warning or a three (3) day unpaid suspension.
b. On the second incident of an aggravated no call/no show, the employee may be discharged, subject to the CNO’s right to impose lesser discipline or discharge upon consideration of the employee’s demonstration of mitigating circumstances.
c. Employees shall be entitled to union representation, if requested, at any non-probationary Employee for just cause. Any such meeting regarding aggravated no call/no show, and any discipline or discharge resulting from an aggravated no call/no show shall be subject to grievance procedures, beginning at step 2 of the Grievance grievance procedure.
5. Discipline will occur for Minor Occurrences as follows:
a. On the 3rd occurrence — the Department Manager, or Appeals her/his designee, will discuss the attendance and tardiness policy and Discipline Procedure, as applicableincluding the progressive steps of discipline if additional Occurrences occur. The employer will offer coaching and counseling to correct the tardiness issues. This will be an Oral Warning notice that the disciplinary procedure has begun.
b. On the 4th occurrence — Written Warning.
c. On the 5th occurrence — Final Written warning.
d. On the 6th occurrence — 3 day suspension without pay.
e. On the 7th occurrence — Termination.
6. In the administration of this Articleevent an employee is absent for three (3) consecutive days or more without notice or prior approval, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated absence is viewed as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationjob abandonment. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge then separated from employment as a possible outcome of the hearinghaving voluntarily quit.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Nurses Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 10.01 An employee may only be disciplined or discharge any non-probationary Employee dismissed for just cause. Any such discipline or discharge shall be subject cause after an interview has been held in accordance with Article 10.02 It is understood that the Company has met its obligation to hold an interview by providing 24 hours’ notice of the interview to the Grievance employee or Appeals Procedure, as applicablemaking reasonable effort to notify the employee. In the administration of this Articleevent the employee does not appear for the interview without a reasonable excuse, all discipline the Company shall be reasonably expediententitled to proceed with disciplinary action without an interview. In cases where the employee provides a reasonable excuse for his inability to attend the interview, progressive the interview shall be rescheduled to be held on his return to work and time limits under Article 10.02 shall be waived.
10.02 Whenever an employee is to be interviewed by the Company with respect to his work or his conduct in natureaccordance with Article 10.01, based upon an accredited Union representative, selected by the circumstances of employee, must be in attendance. In the offense event the accredited Union representative selected by the employee is not available another accredited representative selected by the employee will be substituted. Such interview and any subsequent interviews dealing with the Employee’s performance recordincident must be held within 14 calendar days from the date the incident became known to the Company, and unless mutually agreed. Such agreement will not be corrective rather unreasonably withheld. The employee to be interviewed shall be notified in writing, no less than punitive (except in 24 hours prior to the case of termination)scheduled interview time. This principle notice shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesinclude the reason the interview is being held, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be including the subject of such grievances.
Section 13.2 The City and Union agree Employees shall matter with applicable details, to be treated as consistently as possible as concerns investigated. Whenever a written statement by a person employed by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude Company is entered at the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or herinterview, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees will have the right to request the presence of that person at the interview. The employee and his Union representative may ask appropriate questions to all parties at the interview. In matters concerning allegations of sexual harassment and/or workplace violence the person making the accusation will not participate in such a meeting if management denies union representation and continues be required to question be present at the Employeeinterview or answer questions.
Section 13.4 For minor offenses by 10.03 Failure to comply with Article 10.02 shall render any conclusion null and void and any statements at such interview inadmissible at any subsequent proceedings.
10.04 An employee may be held out of service for a period of not more than four (4) working days for infractions of a serious nature. This practice is only to be utilized in cases of alleged infractions of a serious nature where it is in the best interest of the public, the Company, or fellow employees. This provision is not to be used as a form of discipline. In the event an Employeeemployee is held out of service, management the interview is to be held as soon as possible. Where no discipline has been awarded after the interview has taken place, all lost wages as a responsibility result of the employee being held out of service will be paid via a separate pay code or payroll deposit.
10.05 Any discipline or dismissal of an employee must be communicated in writing within 14 calendar days of the interview. A full and detailed explanation of any discipline given will be provided to discuss such matter with both the Unit Chair and the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record The time limits herein may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsextended by mutual agreement.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of 10.06 During the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that interview the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or his accredited representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal read, review and ask questions concerning any documents, tapes or grieve such discipline videos as provided under Article 14 of this Agreement or under they are presented by the administrative grievance procedure provided within Section 400 Company and copies will be presented at that time. Copies of the Personnel Policies interview notes will be provided to the employee and Procedure Manual, as appropriatethe Unit Chairperson within 4 working days of the interview.
Section 13.10 Pending a pre-action or pre-termination hearing10.07 If, in the final decision, the City may suspend charges against an Employee until investigation employee are not sustained, his record shall be cleared of the incident is completed charges. If suspended, or dismissed, he shall be returned to his former position and will normally place reimbursed for wages lost, less any earnings derived from outside employment during the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Unionperiod so compensated. If the Employee has been involved with a possible criminal offenseinterview was away from home, the employee he shall be placed on either authorized personal leave or leave without pay and the timeframes reimbursed for investigation and the pay status determination shall be solely at management’s discretionreasonable travel expenses upon presenting receipts.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall 10.08 All verbal and/or written warnings will be removed from a bargaining unit member’s file after a period of twenty-four (24) months has elapsed unless there is a repeat infraction within the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall twenty-four (24) month period, in which case warnings would remain for an additional twenty-four (24) months. Suspensions older than twenty- four (24) months will not be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation used in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a nonIn calculating the said twenty-absentee offense four (24) month period, absences by the bargaining unit member from work for which the Employee could vacation, paid bereavement leave and Union leave will be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveincluded.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline A. No bargaining unit member shall be disciplined, reduced in rank or discharge any non-probationary Employee for compensation, suspended or demoted without just cause. Any such Employee discipline or discharge shall be kept confidential to the extent permitted by law. All documented discipline will be presented to the employee in a confidential setting.
B. The following system of progressive discipline will be followed:
1. verbal reprimand
2. written reprimand
3. suspension with or without pay (suspension with pay is not the same thing as paid administrative leave that may occur prior to discipline being given)
4. discharge If the misconduct is a major infraction steps in the progression of discipline may be skipped. Rules cannot be listed to cover every situation. The following are examples of major infractions (this is not an exhaustive list):
a. making threats to administrators, other employees, students, or the public;
b. fighting or provoking a fight; and/or
c. endangering the health or safety of administrators, other employees, students, or the public.
C. The bargaining unit member’s supervisor shall investigate the incident prior to beginning any disciplinary action.
1. A notice of a pre-disciplinary conference shall be given to the employee who is subject to the Grievance pending suspension without pay or Appeals Procedure, as applicabledismissal. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which The affected bargaining unit member may lead to have an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of Association representative present at such grievancesconference.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation2. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) give the time, date and place of hearing, the scheduled conference and 5) the right to have a Union Xxxxxxx or representative shall provide at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearingleast 24 hours’ notice. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must The conference will be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer postponed for no more than ten three (103) minutes prior days at an employee’s request to enable the hearing officer meeting with management representatives. Hearings employee’s chosen Association representative to attend.
D. An Association representative shall be conducted by an impartial hearing officer designated by permitted to attend the Human Resources Director or designeeinvestigatory interview of a member whenever disciplinary action may be contemplated against the member.
1. Upon conclusion of At the hearing and the recommendation of the hearing officerconference, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined bargaining unit member shall be given a copy of such discipline at provided the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action opportunity to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within present his/her departmentside of the case and respond to all of the allegations should he/she desire to do so.
Section 13.12 Employees E. Any disciplinary action shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy appealable through the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsgrievance procedure.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves
SECTION 1 Discipline is defined as an action taken by the right to discipline or discharge any non-probationary Employee Employer against an employee for violation of this agreement and/or violation of the rules, policies and regulations of the Employer.
SECTION 2 Discipline will be for just causecause and normally will be progressive in nature and aimed at improving the employee’s performance or conduct; however, disciplinary action shall and can be justified to fit the violation or conduct of the employee.
SECTION 3 Progressive discipline will be as follows:
A. Verbal warning (written on Verbal Warning sheet).
B. Written reprimand.
C. Suspension without pay of up to 5 days.
D. Dismissal. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, So long as applicable. In the administration of this Articlethere are not intervening disciplinary actions, all discipline shall not be reasonably expedientconsidered for purposes of future discipline after twelve (12) months.
SECTION 4 The procedure for any proposed suspension or dismissal shall be as follows:
A. The Employer or his/her designee, progressive in natureshall serve the affected employee and the Union with written notification of pending suspension or dismissal. Such notifications shall cite the charges against said employee, based upon the circumstances a brief summary of the offense and evidence upon which the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which charges are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigationbased, and the Employee has a reasonable belief that anticipated disciplinary action.
B. A hearing shall take place before the interview Employer or his/her designee. A Union representative may result in disciplinary action against him or herbe present at the hearing. At said hearing, the Employee has evidence upon which the rightcharges were based, upon requestshall be presented, to have a Union representative present. Management is not required to inform and the employee employee, with the assistance of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative representative, if needed, shall be told awarded a fair opportunity to be heard in opposition to the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have charges against him/her, including the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve witnesses for or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any preher.
C. The hearing will occur as soon as possible, but no sooner than twenty-action or pre-termination hearingfour (24) hours, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more and not later than ten (10) minutes prior working days; if feasible, from notification provided in Part A of this Section; the parties recognizing that time is of the essence in the disciplinary procedure.
D. A written decision of the Employer shall be issued to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion Employee within ten (10) days of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)said hearing.
Section 13.9 Discipline shall include: SECTION 5 Verbal warnings that are noted in the employee’s file, and written reprimands, suspensions without pay, demotionsare subject to appeal under the Grievance Procedure through Step 1 only. If suspension or dismissal is based upon prior verbal warnings or written reprimand, and discharges. Employees disciplined the suspension and/or dismissal is before an arbitrator, then the merits of the written reprimand or verbal warning may be considered by the arbitrator only as such is related to the violation set forth in the subsequent discipline.
SECTION 6 All suspensions and dismissals are subject to appeal through the Grievance Procedure, including binding arbitration, subject to provisions of the Ohio Revised Code as it relates thereto, and such grievance shall be given a copy of such discipline initiated at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action Step 2 of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateGrievance Procedure.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 4.01 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief recognizes that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose exclusive right of the meeting Employer or Employer representative, such as managers, superintendents, supercargoes and be given reasonable time to confer with foremen, and/or the Employee before the meetingAssociation:
1. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an EmployeeTo maintain order, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject efficiency;
2. To hire, suspend or discharge for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to the Grievance ProcedureEmployer;
3. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur To make or alter from time to time which may rules and regulations not inconsistent with the terms of this Agreement to be documented in any mannercomplied with by employees employed under this Agreement. Employee Counseling Records This Section 4.01 shall not be placed in consistent with the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsterms of this Agreement.
Section 13.5 Management shall make a good faith effort 4.02 An employee who is ordered for work or ordered back to complete investigations into alleged offenses and work who fails to provide notification of hearing do so at the time designated by the Employer will be subject to Employees within thirty (30) calendar days from becoming aware discharge.
4.03 When an employee is fired for just cause or leaves the job for reasons such as accident or sickness, the remainder of the alleged offense. A disciplinary action report should be offered employees will continue to work as directed by the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedEmployer.
Section 13.6 Employees shall be given 4.04 In any case where the opportunity employee is discharged for more than the remainder of the day, and the Employer or the Association desires to have a impose any further penalty, they must so notify the Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least within two (2) working days (exclusive of Saturdays, Sundays or equivalent Recognized Holidays) following initial discharge of the employee.
4.05 In the case of a dispute involving an alleged unjust suspension or discharge of an employee, the matter shall be submitted in writing and dealt with by a representative of the Employer and a representative of the Union.
4.06 Should these representatives fail to agree, the matter may be processed through the Grievance Procedure under this Agreement.
4.07 The Association may, at any time, impose a penalty of suspension from all work hoursor from certain work, a disciplinary layoff or outright dismissal. The decision of the Association will be communicated to the Union in writing together with the reason for any penalty which may be imposed.
4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (3) prior to a pre-action hearing and five (5) working days (or equivalent work hoursexclusive of Saturdays, Sundays and Recognized Holidays) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning following receipt by the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officerdecision of the Association or the penalty will be deemed to be accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure.
Section 13.7 Notice 4.09 Any employee convicted of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassmentpilferage, or harassment based on other protected characteristics. Any documentation relating of being in possession of pilfered goods contrary to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with datedThe Canada Customs Act, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, maywill, at the sole discretion of the Employee’s supervisor, Employer or the Association be offered a vacation leave accrual reduction in lieu of subject to an automatic suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvethe first offence and outright dismissal for the second offence.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves 9.01 Employees whose behaviour is detrimental to the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge efficient and safe conduct of the Employer's business shall be subject to disciplinary action.
9.02 The procedure in disciplining an employee regardless of the Grievance amount of time on the project shall be:
(A) Warn the employee in writing of the offence. Warning notice to be signed by the Employee's Xxxxxxx and Job Xxxxxxx. Copy of warning notice mailed to the Union office.
(B) Any further offence calls for a suspension. The length of the suspension to be at Management's discretion but not to exceed one (1) week.
(C) Any offence after suspension, employee may be terminated.
(D) Any warnings or Appeals Procedure, as applicable. In suspensions for minor offences shall not be considered in progressive discipline under Article 9.02 after twelve (12) months without any further warnings or suspensions.
(E) The above warnings may not be applicable to the administration offences set out in Article 9.05 which call for dismissal of this Article, all discipline the Employee.
9.03 Employees discharged shall be reasonably expedient, progressive in nature, based upon advised by the circumstances Employer of the offense and cause for dismissal.
9.04 The Employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement.
9.05 Employees may be disciplined by the Employer for, but not limited to, the following listed offences:
1) All Employees must provide the Employee’s performance record, and be corrective rather than punitive (except actual residence in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related a form satisfactory to the provision of specific services and Employer. Any abuse or misrepresentation by the mission of their work sections.
Section 13.3 If it is necessary Employee in supplying this information may be subject to interview an Employee to discover information as part of an investigation, dismissal and the Employee has a reasonable belief that may not be eligible for rehire. In addition, the interview Employer may receive address information from the Union.
2) Participation in an illegal strike or slow down may result in disciplinary action against him the dismissal of the Employee at the Employer’s discretion. The Employee shall not be eligible for rehire. The Employee shall not be forced to cross a legal picket line.
3) Leaving the work site by an Employee during the working hours without the permission from the Employer shall result in a written warning to the Employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the Employee may result in the Employee’s dismissal. Rehire of the Employee shall be at the Employer’s discretion.
4) Absence from the work site for one (1) or hertwo (2) days without call in by the Employee or a valid excuse – written warning. Repetition of this offence shall result in up to one (1) week suspension at the Employer’s discretion. After three (3) days absent without a call in or a valid excuse, the Employee has the right, upon request, will be considered to have quit their position.
5) Chronic absenteeism or tardiness or idleness - written warning to the Employee. Up to one (1) week suspension of the Employee upon repetition of this offence at the Employer’s discretion.
6) Upon the determination by an Employer that an Employee is incompetent and/or otherwise not qualified to perform work in a Union representative present. Management is not required work-like manner in the trade for which the Employee has been hired, and according to inform the employee provisions of his/her witness rights; it is the Productivity Clause, Article 9A, and upon corroboration from the Labourer’s Xxxxxxx or supervision on site, the Employer shall without prejudice be entitled to terminate the Employee’s responsibility employment and refer him back to know and request the Union representationsubject to the provisions of Article 9A – Productivity Clause.
7) Reporting for duty in an inebriated or impaired condition – the Employee shall be dismissed but is eligible for rehire after evidence of rehabilitation is presented.
8) Possession, use of, or trafficking in any intoxicant and/or non-medicinally prescribed narcotics or drugs while at the site - immediate dismissal of the Employee at the Employer’s discretion. The Union representative shall be told Employee is not eligible for rehire until satisfactory evidence of rehabilitation is presented.
9) Gross insubordination of supervisory personnel by the Employee – dismissal, not eligible for rehire.
10) Violent abuse of any person or willful destruction of property of others - dismissal of Employee, not eligible for rehire.
11) Theft of property from the project site or willful misrepresentation of records (i.e. tax documents, hiring forms, time sheets) for the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question Employee’s financial gain - immediate dismissal of the Employee, not eligible for rehire.
Section 13.4 For minor offenses by an Employee12) Failure or refusal to adhere to basic plant rules and regulations including safety, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not sanitation, etc., subject to the Grievance Procedure. A condition that such rules shall be provided to the Union and the Employee by the Employer, shall result on the first offence in a written Employee Counseling Record may be completed to document such counseling with a copy provided warning to the Employee. The Repetition of the offence up to one (1) week suspension of the Employee, at the Employer’s discretion, and a possible dismissal of the Employee, at the Employer’s discretion depending on the severity of the offence.
13) Any Employee may provide a written response, which shall be retained who quits his/her employment with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records an Employer shall not be placed in eligible for rehire by another Employer on the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make project until a good faith effort to complete investigations into alleged offenses and to provide notification period of hearing to Employees within thirty (30) calendar days from becoming aware of has elapsed since the alleged offensedate he/she quit, except where rehire is mutually agreed by the Employer and the Union. A disciplinary action report should The above offences shall be offered subject to the Employee within provisions of Article 23-Grievance Procedure.
9.06 Use of cell phones/Blackberries/smartphones/etc. will not be permitted by employees onsite, except as explicitly authorized by the employer. Violations of this article shall be subject to the following disciplinary scheme: • First offence: warn the employee in writing. Warning notice to be signed by the employee’s Xxxxxxx, copy of warning notice to be sent to the Union office. • Second offence: one (1) day suspension. Notify Union before suspension takes place. • Subsequent offence: seven (7) calendar days of completion of a final pre-action day suspension or pre-termination hearing resulting in discipline or terminationdismissal as determined by the employer. Upon Management providing written notice of a delay This section shall not apply to stewards and foremen using cell phones in the process stated above, Management will be given additional timecourse of their duties. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity Name: Payroll #: Job #: Date & Time: # of Warnings: INFRACTION DETAILS Insubordination Safety Infraction Failure to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two Report Off Poor Work Absenteeism Lateness Conduct Unfit to Work Other (2specify) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, Was the Union Xxxxxxx or representative shall be afforded Xxxxxxx/Suitable Witness present during the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 discussion of this Agreement or under the administrative grievance procedure provided within Section 400 incident? Yes No Name of the Personnel Policies Xxxxxxx: Warning Date: Time Off Duration: Discharge Date: I have read and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveunderstand this Discipline Notice. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the EmployeeSignature Date Supervisor’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an EmployeeSignature Date Xxxxxxx’x Signature Date Project Manager’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveSignature Date
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discipline. Section 13.1 a) The City reserves the right to Company may discipline or discharge any non-probationary Employee an employee for just causecause and the employee shall be notified with reasons in writing. Any such discipline or Copies of all disciplinary reports including the nature and details of the infraction (other than documentation related to coaching and counselling) and notices of discharge shall be subject forwarded to the Grievance Union prior to the discipline being applied. Should the employee or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall Union be reasonably expedient, progressive in nature, based upon the circumstances of the offense and opinion that the Employee’s performance recorddiscipline is unjust, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which discipline may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesa grievance and processed in accordance with the grievance procedure.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns b) Where an employee is required to meet with a representative of the application Company for the purpose of applying discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heremployee, the Employee has the right, upon request, employee will be entitled to have a Union representative presentpresent during the meeting. Management is not required to The Company shall inform the employee prior to the meeting taking place; however, should the Union representative be unavailable, the Company shall not be prevented from taking disciplinary action.
c) An employee has a right to examine their Personnel File upon request, by requesting electronic access through their HR Representative. The Employee will be given a temporary link to view their electronic Personnel File. The employee may reply in writing to any document contained in the file which reflects upon their work performance with the Company and the reply will become part of his/her witness rights; it is their permanent record.
d) Past disciplinary notices will be deemed void after an employee has maintained a clear record with no infraction for twenty-four (24) months. After the Employeetwenty-four (24) month period, the disciplinary notices will be removed from the employee’s responsibility to know and request Union representationPersonnel File. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline Company may mutually agree to increase or decrease the period that past disciplinary notices are deemed void and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur removed from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsPersonnel File.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification e) Suspensions of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days or more, that are not progressive in nature, are not subject to removal in accordance with clause (d) and will remain on the employee’s file when they are imposed for one of the following reasons: • Workplace Violence; • Criminal Activity; • Personal/Psychological, Discriminatory or equivalent work hoursSexual Harassment; • Safety Violation; and • Inappropriate use of EPCOR Assets and Resources (including EPCOR’s name or brand, computers and electronic resources and Intranet, Internet and email.
f) prior Where the Company has issued an employee a discipline report which is based upon or related to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s)previous documented coaching and counselling, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof such documentation shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior attached to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing discipline report for informational purposes and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action subsequently forwarded to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateUnion.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves 9.01 Employees whose behaviour is detrimental to the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge efficient and safe conduct of the Employer's business shall be subject to disciplinary action.
9.02 The procedure in disciplining an employee regardless of the Grievance amount of time on the project shall be:
(A) Warn the employee in writing of the offence. Warning notice to be signed by the Employee's Foreperson and Job Xxxxxxx. Copy of warning notice mailed to the Union office.
(B) Any further offence calls for a suspension. The length of the suspension to be at Management's discretion but not to exceed one (1) week.
(C) Any offence after suspension, employee may be terminated.
(D) Any warnings or Appeals Procedure, as applicable. In suspensions for minor offences shall not be considered in progressive discipline under Article 9.02 after twelve (12) months without any further warnings or suspensions.
(E) The above warnings may not be applicable to the administration offences set out in Article 9.05 which call for dismissal of this Article, all discipline the Employee.
9.03 Employees discharged shall be reasonably expedient, progressive in nature, based upon advised by the circumstances Employer of the offense and cause for dismissal.
9.04 The Employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement.
9.05 Employees may be disciplined by the Employer for, but not limited to, the following listed offences:
1) All Employees must provide the Employee’s performance record, and be corrective rather than punitive (except actual residence in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related a form satisfactory to the provision of specific services and Employer. Any abuse or misrepresentation by the mission of their work sections.
Section 13.3 If it is necessary Employee in supplying this information may be subject to interview an Employee to discover information as part of an investigation, dismissal and the Employee has a reasonable belief that may not be eligible for rehire. In addition, the interview Employer may receive address information from the Union.
2) Participation in an illegal strike or slow down may result in disciplinary action against him the dismissal of the Employee at the Employer’s discretion. The Employee shall not be eligible for rehire. The Employee shall not be forced to cross a legal picket line.
3) Leaving the work site by an Employee during the working hours without the permission from the Employer shall result in a written warning to the Employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the Employee may result in the Employee’s dismissal. Rehire of the Employee shall be at the Employer’s discretion.
4) Absence from the work site for one (1) or hertwo (2) days without call in by the Employee or a valid excuse – written warning. Repetition of this offence shall result in up to one (1) week suspension at the Employer’s discretion. After three (3) days absent without a call in or a valid excuse, the Employee has the right, upon request, will be considered to have quit their position.
5) Chronic absenteeism or tardiness or idleness - written warning to the Employee. Up to one (1) week suspension of the Employee upon repetition of this offence at the Employer’s discretion.
6) Upon the determination by an Employer that an Employee is incompetent and/or otherwise not qualified to perform work in a Union representative present. Management is not required work-like manner in the trade for which the Employee has been hired, and according to inform the employee provisions of his/her witness rights; it is the Productivity Clause, Article 9A, and upon corroboration from the Labourer’s Xxxxxxx or supervision on site, the Employer shall without prejudice be entitled to terminate the Employee’s responsibility employment and refer them back to know and request the Union representationsubject to the provisions of Article 9A – Productivity Clause.
7) Reporting for duty in an inebriated or impaired condition – the Employee shall be dismissed but is eligible for rehire after evidence of rehabilitation is presented.
8) Possession, use of, or trafficking in any intoxicant and/or non-medicinally prescribed narcotics or drugs while at the site - immediate dismissal of the Employee at the Employer’s discretion. The Union representative shall be told Employee is not eligible for rehire until satisfactory evidence of rehabilitation is presented.
9) Gross insubordination of supervisory personnel by the Employee – dismissal, not eligible for rehire.
10) Violent abuse of any person or willful destruction of property of others - dismissal of Employee, not eligible for rehire.
11) Theft of property from the project site or willful misrepresentation of records (i.e. tax documents, hiring forms, time sheets) for the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question Employee’s financial gain - immediate dismissal of the Employee, not eligible for rehire.
Section 13.4 For minor offenses by an Employee12) Failure or refusal to adhere to basic plant rules and regulations including safety, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not sanitation, etc., subject to the Grievance Procedure. A condition that such rules shall be provided to the Union and the Employee by the Employer, shall result on the first offence in a written Employee Counseling Record may be completed to document such counseling with a copy provided warning to the Employee. The Repetition of the offence up to one (1) week suspension of the Employee, at the Employer’s discretion, and a possible dismissal of the Employee, at the Employer’s discretion depending on the severity of the offence.
13) Any Employee may provide a written response, which shall be retained who quits their employment with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records an Employer shall not be placed in eligible for rehire by another Employer on the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make project until a good faith effort to complete investigations into alleged offenses and to provide notification period of hearing to Employees within thirty (30) calendar days from becoming aware of has elapsed since the alleged offensedate they quit, except where rehire is mutually agreed by the Employer and the Union. A disciplinary action report should The above offences shall be offered subject to the Employee within provisions of Article 23-Grievance Procedure.
9.06 Use of cell phones/Blackberries/smartphones/etc. will not be permitted by employees onsite, except as explicitly authorized by the employer. Violations of this article shall be subject to the following disciplinary scheme: • First offence: warn the employee in writing. Warning notice to be signed by the employee’s Foreperson, copy of warning notice to be sent to the Union office. • Second offence: one (1) day suspension. Notify Union before suspension takes place. • Subsequent offence: seven (7) calendar days of completion of a final pre-action day suspension or pre-termination hearing resulting in discipline or terminationdismissal as determined by the employer. Upon Management providing written notice of a delay This section shall not apply to stewards and forepersons using cell phones in the process stated above, Management will be given additional timecourse of their duties. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity Name: Payroll #: Job #: Date & Time: # of Warnings: INFRACTION DETAILS Insubordination Safety Infraction Failure to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two Report Off Poor Work Absenteeism Lateness Conduct Unfit to Work Other (2specify) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, Was the Union Xxxxxxx or representative shall be afforded Xxxxxxx/Suitable Witness present during the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 discussion of this Agreement or under the administrative grievance procedure provided within Section 400 incident? Yes No Name of the Personnel Policies Xxxxxxx: Warning Date: Time Off Duration: Discharge Date: I have read and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveunderstand this Discipline Notice. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the EmployeeSignature Date Supervisor’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an EmployeeSignature Date Xxxxxxx’x Signature Date Project Manager’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveSignature Date
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 4.01 The City reserves Union recognizes that it is the exclusive right to of the Employer or Employer representative, such as managers, superintendents, supercargoes and foremen, and/or the Association:
1. To maintain order, discipline and efficiency;
2. To hire, suspend or discharge any non-probationary Employee for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to theEmployer;
3. To make or alter from time to timerules and regulations not inconsistent with the terms of this Agreement to be complied with by employees employed under this Agreement. This Section 4.01 shall be consistent with the terms of this Agreement.
4.02 An employee who is ordered for work or ordered back to work who fails to do so at the time designated by the Employer will be subject todischarge.
4.03 When an employee is fired for just cause. Any cause or leaves the job for reasons such discipline as accident or discharge shall be subject to sickness, the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances remainder of the offense and employees will continue to work as directed by the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesEmployer.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns 4.04 In any case where the application employee is discharged for more than the remainder of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigationday, and the Employee has a reasonable belief that Employer or the interview may result in disciplinary action against him or herAssociation desires to impose anyfurther penalty, theymust so notify the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least within two (2) working days (exclusive of Saturdays, Sundays or equivalent work hoursRecognized Holidays) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name following initial discharge of the hearing officeremployee.
Section 13.7 Notice 4.05 In the case of a pre-action hearing means that dispute involving an alleged unjust suspension or discharge of an employee, the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome matter shall be submitted in writing and dealt with bya representative of the hearing. Notice of Employer and a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome representative of the hearingUnion.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity 4.06 Should these representatives fail to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingagree, the burden of proof shall matter may be upon management to show just cause for processed through the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Grievance Procedure under this Agreement.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. 4.07 The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, Association may, at the sole discretion any time, impose a penalty of suspension from all work or from certain work, a disciplinary layoff or outright dismissal. The decision of the Employee’s supervisor, Association will be offered a vacation leave accrual reduction communicated to the Union in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay writing together with the reason for purposes of progressive discipline. Only one vacation leave accrual reduction any penalty which may be imposed during any twelveimposed.
4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (3) days (exclusive of Saturdays, Sundays and Recognized Holidays) following receipt by the Union of the decision of the Association or the penalty will be deemed to be accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 SECTION 1 The City reserves the right Employer will attempt to discipline Employees in such a manner as not to embarrass the Employee before the public or discharge any non-probationary other Employees. It must be kept in mind that where insubordination or flouting of authority by and Employee for just cause. Any such discipline in public or discharge in the presence of other Employees takes place, the Employer shall not be restricted by this section.
SECTION 1- A An Employee who is suspended, demoted or discharged shall be subject to given a written notice stating the Grievance or Appeals Procedure, as applicablereason for the disciplinary action within five (5) days thereafter. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion suspension or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee shall be advised that he/she has the right, upon request, right to have a Union representative present. Management Representative present and if this request is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with made, the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an interview with the Union Representative before required to leave the premises.
SECTION 2 All disciplinary actions are subject to the grievance procedure provided in Article XXXIII of this Agreement. Suspensions will be held in abeyance until the third step of the grievance procedure, unless the action is a breach of security and safety to the institution.
SECTION 3 “The Code of Ethics” will be incorporated into this Agreement after the Union Xxxxxxx or representativeis given the opportunity to review it. A sufficient amount of time will be given to the Union in order to select a review board to review the “Code”. Within ninety (90) days after the issuance of the Arbitration Award, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing a Committee comprised of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name representatives of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to Employer and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) yearsrepresentatives of the bargaining unit shall meet and discuss the limited subject as to whether, except in cases involving unusually serious offenses including but not limited with respect to allegations this bargaining unit, the Code of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating Ethics should be revised to add a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file written warning to Second Level Offenses and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed a verbal warning to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnifyThird Level Offenses, and to hold change the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered Third Level expungement period to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive disciplineone year. An Employee who commits a non-absentee offense for which agreement between the Employee could be suspended without payparties shall occur if and only if both parties fully agree on the issue, mayand then memorialize their agreement in writing, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvesigned and dated by both parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 20.1 No Employee who has completed his/her probationary period shall be disciplined or discharge any non-probationary Employee discharged except for just and reasonable cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle The foregoing shall not apply to deliberate or serious offenses which may lead temporary Employees who have worked less than six (6) months. A discharged temporary Employee who has worked less than six (6) months shall be deemed to an immediate demotion or discharge. Pursuant to Tulsa’s Charter have been discharged for just and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesreasonable cause.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an 20.2 An Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two written expression of dissatisfaction concerning his/her work within ten (210) working days of cause for dissatisfaction becoming known to his/her Supervisor If this procedure is not followed, such expression of dissatisfaction shall not become part of their disciplinary records for use against him/her at any time. This Article shall not prevent oral expressions of dissatisfaction but such oral expressions must be reduced to writing within ten (10) working days before becoming part of an Employee's record. A copy of such written expression of dissatisfaction shall be provided to the Local Union President or equivalent work hourshis/her designate within twenty four (24) prior hours of issuance to the Employee.
20.2.1 The term "written expression of dissatisfaction" shall mean any discipline which is reduced to writing, including written warnings, suspensions, disciplinary demotions and discharge. Oral discussions and e-mails which are communication by way of feedback or coaching and are not clearly identified as "written expressions of dissatisfaction" shall not form part of the Employee's disciplinary record. However, evidence of such communications may be introduced in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a pre-action hearing and grievor or the Union that an Employee has been treated in a discriminatory fashion by the application of discipline, or where the evidence is tendered to establish the standard or expectation of the Company regarding the performance of the Employee or Employees generally.
20.3 The Employee's reply to such written expression of dissatisfaction, if received within five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against himafter he/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee she has been involved with a possible criminal offense, given the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered notice referred to in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveArticle
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except An initial step in the case of termination). This principle shall not apply to deliberate or serious offenses discipline process may be an investigation which may lead to include an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type Should such investigation result in a finding that discipline may be warranted, the following disciplinary procedure shall be held followed. However, there may be circumstances that do not require an investigation. In such cases the following disciplinary procedure shall also be followed.
A. The employee shall be notified of the date and time that a pre-disciplinary hearing shall be held. Such notice shall be at least two school days in private between advance of the Employee hearing date. Additionally the employee will be informed of the accusations made against him/her.
B. During the hearing, the employee will receive an explanation of the accusations and findings, including evidence of misconduct or performance. The employee shall have the supervisoropportunity to respond. Counseling The employee is not considered entitled to Association representation at the hearing.
C. If the pre-disciplinary hearing results in discipline, the reasons for the discipline shall be reduced in writing and is not subject given to the Grievance Procedureemployee following the hearing. A written Employee Counseling Record may Preference will be completed to present such document such counseling with a copy provided directly to the Employee. employee.
D. The Employee Board may provide discipline an employee by issuing a written responsereprimand, disciplinary transfers, or a suspension with or without pay which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time reduced to time which may not be documented in any manner. Employee Counseling Records shall not be writing and placed in the employee’s official Human Resources Department personnel file. However, should there be a decision not to discipline an Employee grieve employee, no record of investigation or appeal any employment action hearings shall be placed or noted in the future, counseling records may be used as evidence in these grievance hearings or appealsemployee’s file.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. E. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending write a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee rebuttal which shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentpersonnel file.
Section 13.12 Employees F. The pre-disciplinary hearing shall be allowed precede the discipline as stated above except in extreme circumstances where removal from duties may need to review and copy contents precede such hearing.
G. If the pre-disciplinary hearing results in administrative recommendation of histermination of employment, the affected employee shall have the rights afforded him/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards Section 9.3 or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records9.5.
Section 13.13 It is agreed reduction H. As a form of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee anddisciplinary action, if accepted by an Employee, shall be considered the Superintendent may issue a suspension without pay for purposes of progressive discipline. up to ten (10) days.
I. An Employee who commits employee may file a non-absentee offense grievance for which discipline involving a disciplinary transfer, demotion, or suspension.
J. Nothing in this Article shall prevent the Employee could be suspended without pay, may, at administrator/supervisor from issuing a verbal reprimand provided he/she gives the sole discretion of employee the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveopportunity to explain.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 35.01 Any employee who is suspended or dismissed shall be provided with written notification within five (5) days of any oral notification which shall state the right to discipline reasons for suspension or discharge any non-probationary Employee for just cause. Any such discipline or discharge dismissal.
35.02 All dismissals, suspensions and other disciplinary action shall be subject to formal grievance procedure as outlined in Article 8, if the Grievance employee desires.
35.03 The parties agree with the principle that employees should be made aware of dissatisfaction concerning their work performance that may affect their standing or Appeals Procedureadvancement with the Employer, as applicableand that employees would not be disciplined for anything that they were not informed or made aware of when the dissatisfaction was noted.
(a) In the event that an investigation is warranted, the Employer shall make every reasonable effort to complete its investigation within fifteen (15) days. In the administration event that more time is required the Employer may request an extension to these time limits from the union, and such request will not be unreasonably denied.
(b) In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from her place of this Articleemployment, all discipline it shall be reasonably expedientwith pay.
35.05 Where the Employer notifies an employee in writing of any dissatisfaction concerning her work or otherwise, progressive in naturewhich may affect the employee's standing with the Employer, based upon the circumstances such notification shall be given within five (5) days of the offense and occurrence or upon completion of an investigation of the Employee’s performance recordevent. If this procedure is not followed, and be corrective rather than punitive (except in the case such expression of termination). This principle dissatisfaction shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject become part of such grievancesher record for use against her at any time.
Section 13.2 The City and Union agree Employees shall 35.06 When employees are required to attend a meeting where discipline is to be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers imposed, such employees are entitled to set forth specific rules or manners of operating have, at their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative presentof the Association in attendance. Management is not required to The Employer shall inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeethis right.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 11.01 The City reserves employer shall have the right to discipline refuse to hire or discharge dismiss from a position any non-probationary Employee person supplied by the Union or any employee, as the case may be, for which the employer has just cause. If after refusal to hire a person or dismissal of any employee, the employer cannot show just cause then the employer shall pay that person or employee for wages lost as a result of this refusal to hire or dismissal. “Just cause” in this agreement shall include, but not be limited to:
a. Breach of any reasonable regulation from time to time made by the employer governing the duties and functions of the employees necessary for the conduct and management of the employer’s business insofar as such rules and regulations do not conflict with the terms of this agreement.
b. Insubordination or failure to obey the proper instructions of superiors.
c. Unsatisfactory performance of duties.
d. Intoxication or being under the influence of drugs or other substances which impair job performance.
e. Criminal dishonesty which affects job performance.
f. Any person or employee whom the employer has refused to hire or has dismissed pursuant to Article 11.01 shall make all reasonable effort to seek alternate employment or otherwise mitigate any losses which might otherwise flow from such refusal to hire or dismissal.
11.02 No employee shall be disciplined except for just cause. Any such In cases of discipline or discharge the burden of proof shall rest with the employer and all notices of discipline for just cause shall be subject in writing and copies given to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense employee involved and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion the occurrence. Notwithstanding the rights of a final pre-action or pre-termination hearing resulting in supervisor to supervise, evaluate and discipline or termination. Upon Management providing written notice employees, an employee must be advised by the Union and employer that he/she has the right to request the attendance of a delay Union representative at any discussion between the employee and a supervisor which the employee believes may result in the process stated above, Management will an adverse report or discipline recommendation. An employee may request at any time during a discussion that further discussion be given additional timepostponed pending arrangements for a Union representative to be present.
11.03 An employee may review his personnel or payroll file at any mutually convenient time and may copy any documents therein. The written notice employee may respond in writing to any document and such reply shall provide become part of his personal or payroll file for the Employee with an estimated life of the documents. No adverse work record may be relied upon if the employee has a clean record for three (3) years from the date when of the process last infraction. Letters of discipline shall be completed.
Section 13.6 Employees shall be given removed from the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and employee’s personnel file after five (5) working days years without further discipline.
11.04 An employee who fails to report for duty for one (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning day without informing the alleged offense(s), 2) Employer of the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right reason for his absence shall be presumed to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentabandoned his position. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative employee shall be afforded the opportunity to meet privately with rebut such presumption and demonstrate that there were reasonable grounds for not informing the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)employer.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline 17.01 When an employee is suspended from duty or discharge any non-probationary Employee for just cause. Any such discipline terminated in accordance with paragraph 12(1)(c), (d) or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances (e) of the offense and Financial Administration Act, the Employee’s performance record, and be corrective rather than punitive (except Employer undertakes to notify the employee in writing of the case reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns 17.02 When an employee is required to attend a meeting, the application purpose of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers which is to set forth specific rules conduct a disciplinary hearing concerning him or manners of operating their work areas which are related her or to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has render a reasonable belief that the interview may result in disciplinary action against decision concerning him or her, the Employee has the rightemployee is entitled to have, upon at his or her request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before Union attend the meeting. Employees have Where practicable, the right to not participate in such employee shall receive a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling minimum of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (notice of such a meeting.
17.03 At any administrative inquiry, hearing or equivalent work hours) prior to investigation conducted by the Employer, where the actions of an employee may have had a pre-action hearing and five (5) working days (bearing on the events or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearingcircumstances leading thereto, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is required to appear at the administrative enquiry, hearing or investigation being considered for any level of discipline up to and including discharge as a possible outcome conducted, he or she may be accompanied by an employee representative. The unavailability of the hearingrepresentative will not delay the inquiry, hearing or investigation more than
17.04 The Employer shall notify the local representative of the Union as soon as possible that such suspension, termination or financial penalty has occurred. Where a verbal or written reprimand has occurred, the Employer shall notify the local representative of the Union at the request of the employee.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded 17.05 When notification in writing is given to an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action employee that he or pre-termination hearing, the burden of proof shall be upon management to show just cause for she is the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offenseinvestigation, the employee shall be provided concurrently with a copy of the order convening the investigation.
17.06 Upon request, the Employer or the employee shall be provided the opportunity to tape record the interview.
17.07 Subject to the Access to Information and Privacy Act, the Employer shall provide the employee access to the information used during the disciplinary investigation.
17.08 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
17.09 Any document or written statement related to disciplinary action, which may have been placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination personnel file of an employee, shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only destroyed after two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific years have elapsed since the disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentwas taken, provided that no further disciplinary action has been recorded during this period.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge 9.01 For offenses other than intoxication, insubordination, theft, false reporting of time, physical altercation and illegal work stoppage, which shall be subject to immediate dismissal, the Grievance procedure shall be:
(i) First Warning Written reprimand to be issued to the employee, with a copy to the Union, by the employer's representative.
(ii) Second Warning Written Notice of Suspension from work for up to five (5) working days, to be issued to the employee, with copy to the Union, by the employer's representative. The length of suspension to be at the sole discretion of management.
(iii) Third Warning Immediate Dismissal.
9.02 The procedure in disciplining an employee regardless of the amount of time on the project shall be:
(A) Warn the employee, in writing, of the offence. Warning notice to be signed by the employee’s Xxxxxxx and Job Xxxxxxx. Copy of warning notice mailed to the Union office.
(B) Second warning calls for a suspension. The length of the suspension to be at Management’s discretion but not to exceed one (1) week.
(C) The above warnings may not be applicable to the offences set out in Article 9.05 which calls for dismissal of the employee.
9.03 Employees discharged shall be advised by the employer of the cause of dismissal.
9.04 The employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement.
9.05 Employees may be disciplined by the employer for, but not limited to, the following listed offences:
(1) All employees must provide the employee’s actual residence in a form satisfactory to the employer. Any abuse or Appeals Procedure, as applicablemisrepresentation by the employee in supplying this information may be subject to dismissal and the employee may not be eligible for rehire. In addition, the administration employer may receive address information from the Union.
(2) Participation in an illegal strikes by their own trade or slow down may result in the dismissal of the employee at the employer’s discretion. The employee shall not be eligible for rehire. The employee shall not be forced to cross a picket line.
(3) Leaving the work site by an employee during the working hours without notification to the employer shall result in a written warning to the employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the employee may result in the employee’s dismissal; rehire of the employee shall be at the employer discretion.
(4) Absence from the work site for one (1) or two (2) days without call in by the employee or a valid excuse – written warning. Repetition of this offence shall result in up to a one week suspension at the employer’s discretion.
(5) Chronic absenteeism or tardiness or idleness – written to the employee. Up to one
(1) week suspension of the employee upon repetition of this offence at the employer’s discretion.
(6) Upon the determination by (an employer) that an employee is incompetent and/or otherwise not qualified to perform work in a work-like manner in the trade for which the employee has been hired and upon corroboration from the Xxxxxxx and Supervision on site, the employer shall without prejudice be entitled to terminate the employee’s employment and refer him back to the union.
(7) Reporting for duty in an inebriated or impaired condition – the employee shall be dismissed but is eligible for rehire after evidence of rehabilitation is presented.
(8) Possession, use of, or trafficking in any intoxicants and/or non-medically prescribe narcotics or drugs while at the site – immediate dismissal of the employee at the employer’s discretion. The employee is not eligible for rehire until satisfactory evidence of rehabilitation is presented.
(9) Gross unprovoked insubordination of supervisory personnel by the employee – dismissal, not eligible for rehire.
(10) Violent abuse of any person or wilful destruction of property of others - dismissal of employee, not eligible for rehire.
(11) Theft of property from the project site or wilful misrepresentation of records for the purpose of the employee’s financial gain - immediate dismissal of the employee, not eligible for rehire.
(12) Failure or refusal to adhere to basic plant rules and regulations including safety, sanitation, etc., subject to the condition that such rules shall be provided to the Union and the employee by the employer, shall result on the first offence in a written warning to the employee. Repetition of the offence up to one (1) week suspension of the employee, at the employer’s discretion, and a possible dismissal of the employee, at the employer’s discretion depending on the severity of the offence.
(13) In cases where site specific safety rules exist, they shall be treated as part of this Article, all discipline subject to the condition that such rules shall be reasonably expedient, progressive in nature, based upon provided to the circumstances of the offense Union and the Employee’s performance record, and be corrective rather than punitive (except in employee by the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesemployer.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the (14) Any employee of who quits his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer employment with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records employer shall not be placed in eligible for rehire by another employer on the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make project until a good faith effort to complete investigations into alleged offenses and to provide notification period of hearing to Employees within thirty (30) calendar days from becoming aware of has elapsed since the alleged offensedate he quit, except where rehire is mutually agreed by the employer and the Union. A disciplinary action report should The above offences shall be offered subject to the Employee within provisions of Article 28 Grievance and Arbitration.
9.06 Use of cell phones/Blackberries/smartphones/etc. will not be permitted by employees onsite, except as explicitly authorized by the employer. Violations of this article shall be subject to the following disciplinary scheme: • First offence: warn the employee in writing. Warning notice to be signed by the employee’s Xxxxxxx, copy of warning notice to be sent to the Union office. • Second offence: one (1) day suspension. Notify Union before suspension takes place. • Subsequent offence: seven (7) calendar days of completion of a final pre-action day suspension or pre-termination hearing resulting in discipline or terminationdismissal as determined by the employer. Upon Management providing written notice of a delay This section shall not apply to stewards and foremen using cell phones in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedcourse of their duties.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Labour Agreement, Collective Labour Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentdepartment except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine extend the length of paid administrative leave five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee Disciplinary action may only be taken for just cause. Any such discipline or discharge shall be subject to cause and should reflect consideration of the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances severity of the offense or performance problem, previous performance problems or offenses of the same nature and of the Employee’s performance recordtime between occurrences, overall work record and treatment of other employees in similar circumstances. Prior to any disciplinary action as defined in Government Code Section 3303 against any regular employee pursuant to provisions of the Personnel Ordinance and Rules, the following procedure shall be complied with: Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include a statement of the reason(s) for the proposed disciplinary action, the charge(s) being considered, the time periods in which the employee may respond, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns signed by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conductappointing authority. This The employee shall not preclude be given an opportunity to review the rights of individual departments and managers to set forth specific rules documents or manners of operating their work areas materials upon which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in proposed disciplinary action against him is based, and, if practical, he/she shall be supplied with a copy of the documents or her, the Employee has the right, upon request, to have a Union representative presentmaterials. Management is not required to inform Within seven (7) calendar days after the employee of hishas had the review opportunity provided above, he/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative she shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate respond, orally or in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employeewriting, management has a responsibility to discuss such matter with or both, at the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject 's option, to the Grievance Procedureappointing authority concerning the proposed action. A written Employee Counseling Record may be completed Upon the request of the employee or the appointing authority, the Personnel Officer may, at his/her discretion, grant an extension of such time period to document such counseling with a copy provided to facilitate fair administration of the Employeedisciplinary process. The Employee may provide failure of the employee to respond shall constitute the employee's waiver of the opportunity to respond. Notwithstanding the above, a written response, reasonable request for additional time within which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records respond shall not be placed in denied. If the employee’s official Human Resources Department file. Howeveremployee does not agree with the decision reached by the Appointing Authority, should an Employee grieve or appeal any employment action in the future, counseling records employee may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make request a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of before the alleged offense. A disciplinary action report should be offered to the Employee Personnel Officer within seven (7) calendar days. Within ten (10) calendar days of completion receipt of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice request for hearing, the Personnel Officer will schedule a date to hear the appeal of a delay in the process stated above, Management will be given additional timeappointing authority’s decision. The written notice failure of the employee to appeal shall provide constitute the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given employee's waiver of the opportunity to have a Union Xxxxxxx or representative, chosen appeal and the appointing authority decision will become final If the employee does not agree with the decision reached by the EmployeePersonnel Officer, present in any disciplinary hearingthe employee may request a hearing before the Personnel Board within seven (7) calendar days. Employees Appeals shall be notified in writing and filed with the Personnel Officer, who shall, within seven (7) days after receipt of any pre-action hearing at least two (2) working days (the appeal, inform each member of the Personnel Board and other such persons named or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearingaffected by the appeal of the filing of the appeal. The appeal shall be a written notification of hearings shall include: 1) general information concerning statement, addressed to the alleged offense(s)Personnel Board, 2) explaining the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date matter appealed from and place of hearing, and 5) the right to have setting forth therein a Union Xxxxxxx or representative at the hearing, 6) the name statement of the hearing officer.
Section 13.7 Notice action desiredby the appellant, with his/her reason thereof. The formality of a pre-action hearing means that legal pleading is not required. Upon the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome filing of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingappeal, the burden of proof Personnel Officer shall be upon management to show just cause set a date for a hearing on the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more appeal not less than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officerdays, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvenor more than thirty
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Discipline. Section 13.1 The City reserves the right to discipline A. No employee shall be reduced in pay, suspended, or discharge any non-probationary Employee discharged except for just cause. Any such .
B. Except in cases where the employee is found guilty of gross or serious misconduct, discipline or discharge shall will be subject to the Grievance or Appeals Procedureapplied in a corrective, as applicable. In the administration of this Article, all progressive and uniform manner.
C. Progressive discipline shall be reasonably expedient, progressive in nature, based upon take into account the circumstances nature of the offense violation and the Employeeemployee’s record of performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This conduct but shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related more severe discipline appropriate to the provision misconduct, neglect, or violation of specific services and the mission of their work sectionsstandards for law enforcement.
Section 13.3 If it D. Any employee, who is necessary charged with violating Department Rules and Regulations that could result in the loss of pay, will be provided access to interview an Employee to discover information as part of an investigationtranscripts, reports, records, lists, written statements, and tapes pertinent to the Employee has case.
E. In cases where the Employer determines that a reasonable belief that the interview suspension or discharge may result in disciplinary action against him or herresult, the Employee has the rightEmployer agrees not to discharge or suspend an employee without first arranging for a hearing. In cases where a suspension or discharge is contemplated, upon request, such notice will be given to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it forty-eight (48) hours, excluding weekends, prior to the hearing. This hearing is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee Employer, the employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department filerepresentatives. HoweverIn cases where the employee is charged with any gross or serious misconduct, should the employee may be placed on leave from the active performance of regular duties without loss of pay until the pre-disciplinary hearing is held on these allegations. At the hearing, the Employer and the employee(s) and/or their representatives may present any evidence or testimony of witnesses deemed necessary. The employee will remain on paid leave status until notified of the decision of the Employer. All hearing dates within this subsection “C” may be extended upon mutual written consent of both parties.
F. The Employer may alter the work schedule of an Employee grieve employee in paid leave status so that the employee receives no more than three (3) days of paid leave.
G. Appeals from either discharge or appeal any employment action suspension must be submitted to the Employer in the future, counseling records may be used as evidence in these form of a grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action written notification to the employee or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a his Union Xxxxxxx xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves All candidates for Lieutenant and Captain promotions will start with fifteen (15) points towards the right to discipline or discharge any non-probationary Employee composite score for discipline, subtracted from that will be one (1) point for every eight (8) hours of suspension on record. If a candidate has over fifteen (15) days of suspension, the candidate is not eligible for promotion until that suspension time drops off. Suspension time is considered time imposed, not just causetime served, and one (1) suspension day equals eight (8) hours. Any such discipline or discharge This process is for both Lieutenant and Captain promotions. Once the process is complete, a promotional eligible list will be established. Candidates shall be subject ranked by final composite scores from highest to lowest. Promotions shall occur in the Grievance or Appeals Procedure, as applicableorder of the promotional eligible list. In the administration event two (2) or more candidates have identical final composite scores, the Chief shall have the discretion to choose. To ensure that the selection of candidates for promotion has been based upon objective and documentable data, a monitoring of the selection process shall be required. The monitoring panel for the fire promotion procedures shall be comprised of: The Fire Chief or designee Local 92 President or designee (not involved in process) Human Resource Director/Commissioner or designee 2125.31 Layoff and Recall Procedure When it becomes necessary, through lack of work or funds, to reduce the force in the Toledo Fire and Rescue Department, of Fire & Rescue Operations, the employee with the least Departmental Seniority shall be laid off first. A senior member within the same classification will be allowed to volunteer to take a layoff in the stead of a less senior member, if they so desire. When a position above the rank of Fire Private is abolished, then the person with least amount of service in the rank to be reduced shall be demoted first. Provided the employee affected has been permanently certified to the position, they shall then displace the employee in the next lower rank who has the least amount of service in that rank. This process shall continue to repeat itself until such time as the rank of Fire Private shall be reached, at which point the Fire Private with the least amount of continuous service in the Department shall be the one laid off. Should a position in the Department be recreated or reestablished or should a vacancy occur through any cause within the term of this Articleagreement consistent with Civil Service policy, all discipline then the employee with the most Departmental seniority in the Department among the employees laid off shall be reasonably expediententitled to the position providing they were at the date of their layoff a regular and permanently certified employee at the rank in which such vacancy has occurred, progressive in nature, based upon or higher. The City shall notify Local 92 Thirty (30) days prior to the circumstances effective date of any layoffs. A notice shall include the names of the offense members affected. 2125.32 Filling Vacancies in Promoted Ranks Permanent Vacancies: Effective January 1, 1997 and thereafter through the Employee’s performance record, and be corrective rather than punitive (except in the case life of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or herthis contract, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee total number of his/her witness rights; it is the Employee’s responsibility to know budgeted positions within salary groups 81 and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records 82 shall not be placed in the employee’s official Human Resources Department fileless than 120-123. However, should an Employee grieve or appeal any employment action in the future, counseling records may All vacancies shall be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees filled within thirty (30) calendar days from becoming aware provided there is an eligibility list available unless there has been a reduction in budgeted xxxxxxx levels which reduces the number of Fire Companies in service. In the event that there is no list available at the time the vacancy occurs, then the vacancy shall be filled within thirty (30) days after the list has been established. A promoted officer shall be in a promotional probationary period for forty-five (45) on-duty tours of duty, or for officers promoted to a position on a regular forty (40) hour work schedule, one hundred twenty (120) days of actual work in their former rank during this period, they shall be reinstated to their former rank. In the event the officer is found to be unsuited for the work of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated abovenew rank, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative they shall be afforded a hearing in the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representativesChief’s office. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the The employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee who has been reduced in rank shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 action of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, Chief in reducing them through the City may suspend an Employee until investigation third step of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionGrievance Procedure.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves Documents related to disciplinary measures
22.01 Notice of disciplinary action which may have been placed on the right to discipline or discharge any file of that employee shall be destroyed after two (2) years have elapsed since the disciplinary action took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period.
22.02 Any disciplinary record in the employee’s file of which he/she was not made aware at the time it was placed there shall be declared null and non-probationary Employee for just cause. existent.
22.03 The employer will withdraw from the employee's file and destroy, without delay, any document of a disciplinary nature which has been proven to be ill-founded, in whole or in part.
22.04 Any such discipline or discharge shall be subject disciplinary action is communicated to the Grievance or Appeals Procedureconcerned employee in a written notice with copy to the union. This disciplinary notice describes the disciplinary action and the reasons explaining it. Only disciplinary actions submitted in writing to the employee and the union, as applicable. In the administration of in accordance with this Article, all discipline shall may be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, submitted as evidence during an arbitration and be corrective rather than punitive (except placed in employee’s file. Except in the case of termination). This principle shall not apply to deliberate or a serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesoffence, probationary Employees have no due process or property rights in their positions until a suspension only becomes effective after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (following receipt of the disciplinary action by the employee.
22.05 Where written departmental standards of discipline are developed or equivalent work hours) prior amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.
22.06 A written reprimand, a pre-action hearing and five (5) working days (suspension or equivalent work hours) prior to a pre-termination hearingdismissal are disciplinary measures that may be applied depending on the severity or the frequency of the alleged offence. The written notification Employer will not take disciplinary actions without sufficient and just cause for which he has the burden of hearings shall include: 1) general information concerning proof.
22.07 At any administrative inquiry, hearing or investigation conducted by the alleged offense(s)Employer, 2) where the work rule(s) violated (if any), 3) actions of an employee may have had a bearing on the policy events or procedure(s) violated (if any), 4) the time, date and place of hearingcircumstances leading thereto, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up required to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline appear at the time such action is takenadministrative inquiry, hearing or investigation being conducted, he/she may be accompanied by a union representative. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offenseWhere practicable, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part receive a minimum of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) yearsworking days’ notice of such administrative inquiry, except in cases involving unusually serious offenses including but hearing or investigation being conducted as well as its purpose. The unavailability of the union representative will not limited to allegations of discrimination delay the inquiry, hearing or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed investigation more than forty-eight (48) hours from the Employee’s Human Resources Department file and time of notification to the Employee’s official personnel file within employee.
22.08 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning him/her, the employee is entitled to have, at his/her departmentrequest, a union representative attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days notice of such a meeting as well as its purpose.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 (a) The City reserves the right to discipline Company will give an employee written notice of discharge, suspension or discharge any non-probationary Employee other disciplinary action for just cause, stating the exact nature and details of the infraction. Any such discipline Copies of notices of discharge, suspension or discharge shall any other documented disciplinary action will be subject provided to the Grievance or Appeals Procedure, as applicableUnion immediately following the application of discipline. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense These notices and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which any disciplinary actions may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesa grievance and processed in accordance with the Dispute Resolution Process of this agreement.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns (b) Where an employee is required to meet with a representative of the application Company for the purpose of applying discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or heremployee, the Employee has the right, upon request, employee will be entitled to have a Union representative presentpresent during such meeting. Management is not required to The Company will so inform the employee prior to such meeting taking place, of his/her witness rights; it is the Employee’s responsibility their right to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal the Union representative be unavailable, the Company will not be prevented from taking disciplinary action.
(c) An employee has a right to examine their Personnel file upon request. The employee may reply in writing to any employment action document contained in the future, counseling records may be used as evidence in these grievance hearings or appealsfile which reflects upon their work performance with the Company and the reply will become part of their permanent record.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30d) calendar days from becoming aware of the alleged offense. A Past disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management notices will be given additional timedeemed void after an employee has maintained a clear record with no infraction for twenty-four (24) months. After the twenty-four (24) month period, the disciplinary notices will be removed from the employee’s Personnel file. The written notice shall provide Union and the Employee with an estimated date when Company may mutually agree to increase or decrease the process shall be completedperiod that past disciplinary notices are deemed void and removed from the employee’s Personnel file.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing (e) Suspensions of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior more, that are not progressive in nature, are not subject to a pre-termination hearingremoval in accordance with Clause 4.02.(d). The written notification of hearings shall include: 1) general information concerning and will remain on the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name employee’s personnel file when they are imposed for one of the hearing officer.following reasons: Workplace Violence; Criminal Activity; Personal/Psychological, Discriminatory or Sexual harassment; and, Inappropriate use of EPCOR Assets and Resources (including EPCOR’s name or brand, computers and electronic resources and intranet, internet and e-mail)
Section 13.7 Notice of (f) Where a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up supervisor documents an oral reprimand which was given to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offenseemployee, the employee shall will be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionmade aware of such documentation.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves
(a) Employees shall not be disciplined* or dismissed until after a fair and impartial hearing. Notice of such hearing, stating the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge known circumstances involved, shall be subject given to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive employee in nature, based upon the circumstances writing within ten (10) days of the date that knowledge of the alleged offense and has been received by the EmployeeEngineering Superintendent or the employee’s performance record, and be corrective rather than punitive (except in the case of termination)authorized representative. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees *Foremen will have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon requestwhen the circumstances dictate, to have suspend an employee working under their jurisdiction, without a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two For the first offense, a xxxxxxx is limited to assessing a one (21) working day suspension, for a second offense, a xxxxxxx can suspend an employee up to three (3) days (or equivalent work hours) prior and for the subsequent offenses, the xxxxxxx can suspend an employee up to a pre-action hearing and five (5) working days (or equivalent work hours) prior to days. If employees feel they have been unjustly treated, they may request a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than within ten (10) minutes prior days of the date the suspension begins.
(b) A hearing shall be held within ten (10) days from the date of the notice to the hearing officer meeting with management representatives. Hearings shall be conducted employee of the alleged offense by an impartial hearing officer designated of the carrier unless for good cause additional time is requested by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officercarrier, the Department Head shall make employee’s representative, or the final determination of discipline (if any)employee, provided the employee’s representative has knowledge thereof.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, (c) Employees charged and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee their representatives shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under be present throughout the administrative grievance procedure provided within Section 400 entire hearing. At the hearing, employees may be assisted by representatives of the Personnel Policies Brotherhood, party hereto, who shall be permitted to examine and Procedure Manual, cross-examine all witnesses. Employees shall have the right to have present at their expense such witnesses as appropriatethey desire. An employee shall have the right to waive formal hearing and accept discipline in writing (sample waiver form immediately following this rule) witnessed by a union representative. Suspension from service pending charges and hearing are permissible in major offenses.
Section 13.10 Pending a pre-(d) If hearing is not held within the specified or agreed time limit, no action will be taken by the company on the charge.
(e) A decision shall be rendered within twenty (20) days from date of hearing.
(f) If transcripts of evidence taken at hearing are made, copies of the transcript and letter assessing discipline, if any, will be furnished local or pre-termination hearinggeneral chairmen upon request, provided the employees involved are disciplined.
(g) Employees may be held out of service pending hearing and decision, and if discipline be assessed, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveperiod so held from service shall be deemed to be included in any disciplinary period thereafter involved. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request *Such hearing must be held within five (5) calendar days from the Uniondate removed from service, unless postponed as outlined in 33(b). If the Employee has been involved with a possible criminal offense*(Amended by Letter of June 25, 2009)
(h) In case of censure, discipline or dismissal, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at managementemployee’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or representative may appeal procedure shall be removed from the Employee’s Human Resources Department file and decision in accordance with the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents provisions of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a nonRule 34 -absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Working Agreement, Working Agreement
Discipline. Section 13.1 The City reserves the right to discipline 10.01 Whenever a written work infraction is issued, or whenever a recommendation is made for suspension or discharge of any non-probationary Employee for just cause. Any such discipline or discharge employee, a copy of the work infraction report shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee delivered within seven (7) calendar working days of completion the occasion giving rise to the work infraction report, or the date on which the Corporation becomes aware of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay the occasion, to the employee in the process stated abovepresence of the Union Xxxxxxx who shall also receive a copy of the said report; provided however, Management will be given additional time. The written notice shall provide that where the Employee with an estimated date when employee is not at work and it is not possible to deliver the process infraction personally to him, such infraction report shall be completed.
Section 13.6 Employees sent to the employee by certified mail kit, registered mail, or telegram and a copy shall be given delivered to the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearingXxxxxxx. Employees shall be notified in writing of any pre-action hearing at least two Seven (27) working days shall be defined as seven (7) business days of Human Resources.
10.02 In cases of suspension or equivalent work hours) prior to a pre-action hearing discharge, the grievance procedure shall commence at the Chief Administrative Officer or designate level and five any grievance shall be delivered within seven (57) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name after delivery of the infraction report. At the hearing officer.
Section 13.7 Notice before the Chief Administrative Officer or designate in cases of a pre-action hearing means discharge or suspension, the Corporation shall firstly present its arguments and evidence in support of its recommendation and the Union shall be privileged to present its arguments and evidence in reply as it considers necessary. Thereafter the grievance shall proceed in the same manner as any other grievance under Article 9. It is agreed that the Employee is being considered for discipline involving whenever a suspension without pay or demotion is imposed it will not be put into effect until the grievance procedure, as a possible outcome of the hearing. Notice of a pre-termination hearing means set out in Articles 9.01A and 9.01B is exhausted, provided that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee Management shall have the right at any time to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request remove any employee from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentjob for reasons of safety to himself or others and/or to prevent damage to equipment.
Section 13.12 Employees 10.03 In the case of discharge or suspension, representatives of the Union and the individual if deemed necessary by the Union shall be allowed to review and copy contents have the opportunity of his/her meeting with the Executive Director of Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives designate to attempt to resolve the problem before going to grievance procedure at the Chief Administrative Officer or designate’s level.
10.04 In imposing discipline on a current charge, the Corporation shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. not take into account any infraction which occurred more than thirty (30) months previously.
10.05 The written authorization shall include a statement Parties agree that the Employee releases Department Head or designate has the Employer from all liability regarding right to suspend or discharge an employee, subject to the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsgrievance process.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 30.1 In the event that an employee is to be disciplined for behavior which is of such nature as to call for removal or suspension, a pre-disciplinary conference between the employee and the Sheriff will be arranged. This conference will take place no earlier than forty- eight (48) hours from the time the employee is notified. If the employee desires the presence of a Labor Council Staff Representative and/or Labor Council Associate at the conference, the employee shall notify the grievance representative and sufficient time shall be granted to allow for appropriate representation. When the nature of the offense is such that immediate disciplinary action is required the Employer is not prohibited from taking immediate action by this provision. Prior to a pre-disciplinary conference the employee shall be provided a written statement outlining the nature of the violations and charges. The City reserves purpose of the notification shall be to give the employee notice of the charges and allow the opportunity to respond. The notice of pre-disciplinary conference shall also contain the date, time, and place of the pre-disciplinary conference. The employee or OLC representative may waive the right to discipline a pre-disciplinary conference.
Section 30.2 Any investigatory questioning regarding charges of employee misconduct shall be made under the following conditions:
1. The questioning shall take place at the Sheriff’s Office or discharge other mutually agreeable site.
2. The employee shall be informed of the nature of the investigation before any non-probationary Employee questioning commences. If the employee is being questioned as a witness only, the employee shall be so advised prior to the commencement of the questioning.
3. All questioning shall be undertaken in a proper and businesslike manner.
4. If an employee is the subject of a criminal investigation the employee shall be so advised and afforded the same constitutional rights to which any other individuals are entitled and shall be specifically advised of his/her Xxxxxxx rights.
Section 30.3 The tenure of every Bargaining Unit employee of the Sheriff’s Office shall continue with good behavior and efficient service. No employee shall be reduced in pay, suspended, discharged, removed or otherwise disciplined except for just cause. Any such discipline Forms of disciplinary action will normally be progressive and may include:
A) Verbal reprimand or discharge shall be subject to the Grievance or Appeals Procedure, as applicablecounseling;
B) Written reprimands;
C) Suspension without pay;
D) Reduction in classification-demotion (which may include suspension); and/or
E) Discharge from employment. In determining the administration of this Articlepenalty, all discipline the Sheriff shall be reasonably expedient, progressive in nature, based upon take into account the circumstances nature of the offense violation. The employee’s record of discipline and the Employeeemployee’s record of performance record, and conduct may be corrective rather than punitive (except in the case of termination). This principle considered but shall not apply control the right of the Sheriff to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing impose the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be appropriate penalty including the subject of such grievancesmaximum penalty for any offense.
Section 13.2 The City and Union agree Employees 30.4 Any order for a polygraph or similar exam shall be treated as consistently as possible as concerns in writing and signed by the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sectionsSheriff.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is 30.5 Investigations concerning complaints not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative involving criminal activity shall be told the purpose started within one hundred twenty (120) days of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees Sheriff became aware or reasonably should have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming become aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with Notification that an estimated date when the process shall be completed.
Section 13.6 Employees investigation is being conducted shall be given to the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two bargaining unit member within thirty (230) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome start of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearinginvestigation.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable8.1. In the administration event of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion a suspension or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to may file a grievance and have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer processed in accordance with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort 8.2. In the event of any reprimand of record to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to any Employee covered by this Agreement, the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined involved shall be given a copy of such discipline at the time such action is takenreprimand as well as a copy of any documents which are placed in any file maintained by the DISTRICT for personnel or other purposes, and shall be given an opportunity to present a written statement of position to the DISTRICT and to have same placed in the Employee’s personnel file.
8.3. This document shall include From the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action effective date of the employee Agreement, no entries subsequent to employment pertaining to job performance shall be placed in an Employee’s file without his/her knowledge and if appropriatehis/her right of reply. When an Employee exercises their right of reply, recommend corrective action to the reply shall be placed in the Employee’s file.
8.4. A non-probationary Employee Employees shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under UNION representation at any conference regarding allegations of misconduct. Disciplinary action taken by the administrative grievance procedure provided within Section 400 BOARD shall remain confidential, except for BOARD resolutions regarding termination of employment.
8.5. An Employee not performing his/her duties satisfactorily shall be notified by the DISTRICT of the Personnel Policies reason(s) for his/her deficiencies. The Employee shall be given an opportunity to respond either verbally or in writing prior to disciplinary action and Procedure Manual, as appropriate.
Section 13.10 Pending may have a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the UnionUNION representative present at any meeting. If the Employee’s performance conduct is not remediable, he/she may be dismissed. Discipline shall generally be progressive and corrective in nature except upon the commission of serious misconduct. No Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave confronted or leave without pay disciplined in the presence of other employees, students, or the public, except for an Employee’s UNION representative. Progressive and the timeframes for investigation and the pay status determination corrective discipline shall be solely at management’s discretion.include:
Section 13.11 It is understood that previous disciplinary issues shall be considered part A. Documented verbal warning(s) or reprimand(s) with copies of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered documentation given to the Employee and placed in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file personnel file;
B. Written warning(s) or reprimand(s) with copies of the warning given to the affected Employee and placed in the Employee’s official personnel file within his/her department.file; and
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and C. Suspension with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion . A higher level of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction discipline including termination may be imposed during any twelvefor serious misconduct. Serious misconduct includes but is not limited to: theft, insubordination, physical violence in the workplace, sexual misconduct in the workplace, possession of firearms, weapons, illegal drugs or alcohol in the workplace or being convicted of a felony.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 11.01 Except in circumstances requiring the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration imposition of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or herdiscipline, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal consult with a Designated Union Representative and to have them present in any interview with supervisory personnel relating to a proposed disciplinary action provided that no unreasonable delay is occasioned thereby. In normal circumstances, the Supervisor of the affected Employee shall provide the Employee and the Union at least twenty-four (24) hours advance notice of the time, date, and location of the interview.
a) A grievance by an Employee who has completed the probationary period alleging that they have been discharged or grieve such discipline as provided under Article 14 suspended without just cause shall be commenced at Step 2 of this Agreement the grievance procedure.
b) A grievance by an Employee who has not completed the probationary period, alleging that they have been discharged or under suspended without just cause shall be commenced at Step 2 of the administrative grievance procedure provided within Section 400 and should such grievance proceed to arbitration, the parties acknowledge that a lesser standard of just cause shall be applicable than would apply to the Personnel Policies and Procedure Manual, as appropriatedischarge or suspension of an Employee who has completed the probationary period.
Section 13.10 Pending 11.03 The record of a pre-disciplinary action or pre-termination hearing, the City may suspend against an Employee until investigation shall remain on the Employee’s personnel file for a period of fifteen (15) months from the incident is completed and will normally place the date of its filing. Providing there has been no further disciplinary action with respect to that Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department within that period of time:
a) their record shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or not be used against them in any employment related matter;
b) upon receipt of an extension written request from the Union. If Employee, provided it meets the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part conditions of the progressive disciplinary process regardless collective agreement, this record of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall will be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentfile.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include 11.04 If a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising permanent employee is removed from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered workplace due to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveallegation of
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1 The City reserves 17.01 For the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration purposes of this Article, discipline is defined as a written warning or more serious discipline. A copy of notices of discipline will be given to the Plant Chairperson.
17.02 A Union Representative will be present during all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense warnings regarding disciplinary actions and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may when an investigation is being conducted that will likely lead to an immediate demotion or dischargedisciplinary action. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview When an Employee is called to discover information as part of an investigation, and the Employee has a reasonable belief that the disciplinary interview may result in disciplinary action against him by a Supervisor or herhis/her designate, the Employee has will be informed before the right, upon request, to have a Union representative present. Management is not required to inform the employee of interview and his/her witness rights; it Union Representative will be present and the interview will not proceed until the Union Representative is present.
17.03 All notices of discipline will be removed from Employee records after eighteen (18) months have elapsed since the Employee’s responsibility date of issue. An exception to know and request Union representation. The Union representative shall the above will be told any situation whereby the purpose notice of discipline represents a re-occurrence of a similar nature within the meeting and eighteen (18) month period, in which case the prior notice will be given reasonable time to confer with retained in the records.
17.04 An Employee before the meeting. Employees who is dismissed without notice, he/she will have the right to not participate in such interview his/her Union Representative for a meeting if management denies union representation and continues to question reasonable period of time before leaving the EmployeePlant.
Section 13.4 For minor offenses by 17.05 If an EmployeeEmployee who believes that he/she has been suspended or discharged without just cause, management has a responsibility to discuss such the matter with the employee. Counseling may be presented at Step 3 of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees Procedure within thirty five (305) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing working day after written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedsuch suspension or discharge has been given.
Section 13.6 Employees shall 17.06 It is the Company’s intention that any necessary disciplinary action be given taken in a timely manner and to that end will make every reasonable effort to communicate disciplinary action to the opportunity to have a Union Xxxxxxx or representative, chosen by employee concerned and the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and union within five (5) working days (or equivalent work hours) prior to a pre-termination hearingit is considered null and void. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and This five day commitment will be in place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause unless there are extenuating circumstances which make it difficult for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity Company to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)comply.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Section 13.1 11.1 The City parties that agree the purpose of discipline is correction. Its primary purpose is to ensure employees perform their duties in a manner that does not interfere with the Corporation’s right to conduct its business or rights of other employees. It is agreed the parties will deal promptly with matters of discipline.
11.1.1 Discipline is any action taken by the Corporation concerning an employee’s work or conduct, which may be detrimental to the employee’s position within the Corporation. Disciplinary measures taken against employees shall be for just and sufficient cause. It is understood that all measures of discipline will be contained in the employee’s status and pay file.
11.2 The following outlines the process that must be followed when the Corporation decides discipline is to be imposed.
11.2.1 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting. The Union shall be provided with a copy of the notice in advance. This notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have a Union representative from the location attend. The unavailability of a Union representative will not delay the meeting for more than five (5) business days from the date of notification to the employee. A Union representative may attend any discipline hearing/meeting at their location.
11.2.2 At the meeting there shall be a full discussion between the employee, the employee’s supervisor and/or other designated management representative and the Union representative.
11.2.3 Following this meeting, any disciplinary action that is taken shall be communicated to the employee in writing, outlining all the pertinent details and reason(s) for imposing discipline. Such written notice must be sent to the employee within twenty (20) business days of the discussion. A copy will be sent to the local Union representative.
11.2.4 If the twenty (20) day time limit referenced above cannot be met, it may be extended by a further ten (10) days provided the employee and the national office of the Union have been notified in writing of the reason for the delay and extension.
11.2.5 If this procedure is not followed, such discipline shall not become part of the employee’s record or be used against him/her at any time.
11.2.5.1 When any discipline is found to be unjustified all documents related to the imposition of discipline and action taken shall be removed from the employee’s record and destroyed. Furthermore, any and all records of the unjustified discipline shall not be used against the employee at any future time.
11.3 Management reserves the right to remove employees from the workplace with pay, pending a final decision, for serious misconduct or if the presence of the employee will cause or continue a disruption in the workplace. Such action shall not be considered discipline.
11.4 In cases of harassment, the Corporation’s policy on Harassment will be followed except when the incident is so serious that discipline or discharge any non-would be an appropriate response. Under the Corporation’s Harassment Policy, discipline, if warranted, will not occur until an investigation and subsequent recommendations are complete or, if applicable, a review by the Senior Appeal Committee (as described in the Harassment Policy) is complete.
11.5 There shall be no dismissal of permanent/continuing employees who have completed their probationary Employee period except for just and sufficient cause. Any such discipline or discharge The Corporation shall be subject to notify the Grievance or Appeals ProcedureUnion of all dismissals. This notice shall include the reasons for the employee's dismissal.
11.6 No dismissal of an employee, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination)gross misconduct, shall take place until the procedures outlined in this Article have been followed.
11.7 In addition to the employee’s rights under the Grievance Procedure, the employee has the right to reply in writing to any discipline imposed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to TulsaThe employee’s Charter and Civil Service rulesreply, probationary Employees have no due process or property rights in their positions until if received within twenty (20) business days after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject he/she has been given notice of such grievances.
Section 13.2 The City and Union agree Employees discipline, shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as become part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeerecord.
Section 13.4 For minor offenses by an Employee, management has a responsibility 11.8 All documents referring to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employeeemployee’s Human Resources Department status and pay file and when the Employee’s official personnel file within employee has completed two (2) years with no further infractions.
11.8.1 Upon written request, an employee may review his/her department.
Section 13.12 Employees shall be allowed to review status and copy contents of his/her Human Resources personnel pay file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy files consistent with federal privacy legislation in the contents presence of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordssupervisor or designate.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. Section 13.1
20.1 Discipline of a member under this Article may include any written reprimand, demotion, suspension with or without pay, or dismissal from service. The City reserves Board subscribes to the right to discipline or discharge principles of progressive discipline. No disciplinary action shall be instituted against any non-probationary Employee for bargaining unit member without just cause. Any such discipline or discharge disciplinary action shall be subject predicated upon written charges related directly and substantially to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances alleged unsuitability of the offense and the Employee’s performance record, and member to discharge his professional responsibilities. Discipline shall not be corrective rather than punitive (except used to restrain members in the case exercise of termination). This principle shall not apply to deliberate academic freedom or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property other rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancescitizens.
Section 13.2 The City and Union agree Employees 20.2 When Management has reason to believe an incident(s) has occurred which might serve as grounds for discipline, it shall be treated as consistently as possible as concerns investigate prior to the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal ConductSection 20.3 below. This Interviews with the employee and others may be conducted during any such investigation. Before such interview occurs, the member shall not preclude be advised of his right to Union representation and shall acknowledge in writing that he has been given such opportunity. If the rights of individual departments and managers refuses to set forth specific rules or manners of operating their work areas which are related make such written acknowledgment, Management shall notify the Union prior to the provision of specific services and the mission of their work sectionsmeeting.
Section 13.3 If it is necessary to interview 20.2.1 In cases where the President/Chancellor believes that an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview employee's presence on campus may result in disciplinary action against him endanger himself or herothers, the Employee has the right, upon request, to have employee may be placed on a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose paid leave pending completion of the meeting and be given reasonable time above process.
20.3 Prior to confer imposing any disciplinary action, the appropriate Management official shall meet with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees member who shall be given the opportunity to have be accompanied by a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees The member shall be notified acknowledge in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded he has been given the opportunity to meet privately with be accompanied by the hearing officer for no more than ten (10) minutes Union representative. If the individual refuses to make such written acknowledgment, Management shall notify the Union representative prior to the hearing officer meeting with management representativesmeeting. Hearings At this meeting, written charges shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action presented to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateemployee.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 3:01 Complaints Against Employee
(a) If an employee shall become the right to discipline or discharge any non-probationary Employee for just cause. subject of a complaint:
(1) Any such discipline or discharge discussion between the Administration and the employee regarding the allegation shall be subject conducted in a private setting;
(2) Prior to any final action of a disciplinary nature being taken, a disciplinary conference shall be conducted between the Grievance or Appeals Procedure, as applicable. In administrator and the administration employee in accordance with the provisions of this Article;
(3) The Administration shall, at all discipline shall be reasonably expedienttimes, progressive proceed in nature, based upon a manner which assumes the circumstances innocence of the offense employee until such time as the allegation is supported by evidence to the contrary; and
(4) At any disciplinary conference, the employee may be accompanied by a Federation representative.
(b) The Board shall defend and hold harmless any employee for actions fully within the Employee’s performance record, course and be corrective rather than punitive proper scope of employment as is provided in La. R.S. 17.416.3 and 17.416.4.
(except in the case of termination). This principle shall not apply to deliberate or serious c) Complaints involving corporal punishment and/or moral offenses concerning students which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be become the subject of such grievancesany disciplinary conference shall be reduced to writing with sufficient specificity to fully apprise the employee of the nature and substance of the allegations along with the identity of the person(s) making the allegations. A period of at least 72 hours will be allowed by the principal or administrator who called the disciplinary conference for the employee to prepare a response to the allegations. No decision regarding discipline will be made prior to expiration of the 72-hour period or prior to receipt of the employee's response, whichever occurs first.
(d) If the accusation(s) is (are) determined to be unfounded, all documents relating thereto shall be expunged from the files of the Board.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers 3:02 Just Cause Procedure
(a) Prior to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in taking disciplinary action against him or herany employee, the Employee has the right, upon request, to have employer shall convene a Union representative present. Management is not required to inform conference with the employee unless otherwise agreed by the employee and employer. Forty-eight (48) hours of his/her witness rights; it is notification shall be given to the Employee’s responsibility employee in order to know and request Union secure representation. The Union employee shall appear with his Federation representative shall be told unless he expressly disclaims the purpose representation of the meeting Federation. If he disclaims the representation of the Federation, he shall so indicate on an official disclaimer form to be printed in quadruplicate and be given reasonable time to confer with made available by the Employee before Board. One (1) copy of the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type disclaimer form shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department 's personnel file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty one (301) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees copy shall be given to the opportunity to have a Union Xxxxxxx or representativeemployee, chosen by the Employee, present in any disciplinary hearing. Employees one (1) copy shall be notified in writing of any pre-action hearing at least given to the Superintendent and one (1) copy shall be given to the Federation. No more than two (2) working days (or equivalent work hours) prior to a pre-action hearing representatives shall be present and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification speak on behalf of hearings shall include: 1) general information concerning an employee at disciplinary conferences without the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name consent of the hearing officerprincipal, supervisor or administrator conducting the conference. By Federation representative is meant any individual, exclusive of legal counsel, allowed by the Federation to represent Federation members and Bargaining Unit employees.
Section 13.7 Notice (b) One purpose of a pre-this conference will be to fully explain to the employee the reasons why disciplinary action hearing means that the Employee is being considered for or why it may be warranted before any discipline involving a suspension without pay or demotion as a possible outcome is imposed.
(c) Another purpose of the hearing. Notice of a pre-termination hearing means that conference is to give the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten present any information, evidence or mitigating circumstances which he believes should preclude or moderate any disciplinary action.
(10d) minutes prior to the hearing officer meeting with management representatives. Hearings The employee's building level file shall be conducted available at this conference for review by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and by the employee's Federation representative if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident conference is completed and will normally place the Employee held on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Unionbuilding grounds. If there is a dispute concerning what is or is not contained in the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employeeemployee’s official personnel file, meaning the file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents maintained by the Department of his/her Human Resources personnel Resources, this file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to available for review and copy before the contents of an Employee’s Human Resources conference is concluded. The official personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that always be available for review if the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It disciplinary conference is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, held at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveSchool Board office.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for 1: No employee will be disciplined without just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time and agreed that anytime the Company decides to time which may not be documented in take disciplinary action against any manner. Employee Counseling Records shall not be placed employee in the employee’s official Human Resources Department filebargaining unit it will, notify the Union Hall (by e-mail) at the same time. However, should an Employee grieve or appeal any employment action All discipline will be administered in a hearing. The employee will be given a fair and impartial hearing at which time all information pertinent to the future, counseling records may case being heard will be used presented by both parties so as evidence in these grievance hearings or appealsto conclude the case without delay.
Section 13.5 Management 2: All disciplinary processes will be performed by the Operations Manager or their designee.
A. The respective Operations Manager, to whom the individual is requested to report, shall make give a good faith effort to complete investigations into alleged offenses prompt, fair and to provide notification of impartial hearing to Employees within thirty (30) calendar days all employees. This shall also include corrective interviews, through the progressive disciplinary procedure.
B. Nothing in this article shall prevent the Union from becoming aware appealing the decision of the alleged offenserespective Operation Manager to the next level of management prior to a possible grievance being filed; however, such action will not serve to delay the grievance time limits unless the Union has advised the Company in writing, in advance.
C. All hearings will be attended by the charged employee. A disciplinary action report should Union official shall also attend the hearings if so requested by the employee. Hearings and/or Corrective interviews will not be offered to held on an employee’s scheduled days off, Saturday, Sundays, or any Holiday identified in the Employee Collective Bargaining Agreement, unless mutually agreed by the parties involved.
D. Such hearings shall be held within a seven (7) calendar days of completion day period following the delivery of a final pre-action or pre-termination hearing resulting written notice.
E. All time spent in discipline or termination. Upon Management providing written notice hearings shall be paid at actual time.
F. If, as a results of a delay in hearing, grievance procedure, arbitration or otherwise, it is found that the process stated aboveemployee has been unjustly deprived of wages as a result of lost service time, Management will be given additional time. The written notice shall provide suspension or dismissal, the Employee with an estimated date when the process employee shall be completedreimbursed by the Company to the extent of the loss. In no event shall the employee be paid twice for the same time.
Section 13.6 Employees G. An employee shall be given the opportunity to have basis of the charges against them in writing, except for discipline for attendance occurrences otherwise outline in Article 9. The hearing on these charges shall not be held until a Union Xxxxxxx or representative, chosen twenty-four (24) hour period has expired. This twenty-four (24) hour period can be waived only by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearingemployee. The written notification of hearings hearing shall include: 1) general information concerning only deal with the alleged offense(s), 2) charges against the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have employee.
H. Any charge based upon a Union Xxxxxxx or representative at the hearing, 6) supervisory report shall include the name of the hearing officerindividual making the complaint or report. The charge, including the name of the individual making the complaint or reports, shall be made available to the Union, upon request to investigate and settle this dispute. The Company will not provide the name of the spotter unless the matter is scheduled for arbitration. The Company shall present employees with copies of all complimentary letters. Upon request, complaints (excluding complaint's name, address and telephone numbers) and spotters reports received from any source regarding said employees shall also be made available to the subject employee.
Section 13.7 Notice of a pre-action hearing means that the Employee is being 3: Discipline will not be considered for more than 12 months from the date given, except that discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being for serious safety violations and preventable accidents will be considered for any level 36 months. Some examples of discipline up serious safety violations are: failure to and including discharge as properly secure a possible outcome of wheelchair or other mobility device; cell phone use while operating a Company vehicle; rollaway due to failure to properly secure a vehicle; failure to perform proper lock out/tag out procedures or ignoring or removing a lock, tag, or signage without specific authorization; or entering a railroad crossing when the hearinglights are flashing or the crossing arm is down or descending.
Section 13.8 Discipline above 4: Employees may be disciplined only for just cause; however, nothing shall prevent the level of written reprimand shall require a certified hearing officer Company from placing an employee on administrative leave without pay while it conducts an investigation. Employees will not be placed on administrative leave without pay for longer than seventy-two (72) hours unless the employer’s investigation involves external matters that are outside the departmentcontrol of the Employer (police, client, convening of the ARB, etc.).
Section 5: The Company recognizes the concept of progressive discipline including the following steps: • Written warning or documented counseling; • Written warning; • Suspension without pay (final warning); and • Termination. An Employee Class I violations, and serious safety violations, may be addressed by termination on the first offense. Discipline for preventable accidents however will be as follows: • One preventable accident – written warning • Two preventable accidents within any 36-month period – Five day suspension • Three preventable accidents within any 36-month period – Discharge • Two preventable accidents within any 12 month period – Discharge Furthermore, accidents as a result of gross negligence may result in termination on the first offense. However, in all cases the Company will consider the employee’s complete work history and length of service in determining the appropriate discipline. Discipline for all accidents will not be administered until confirmation of the preventability by the A.R.B is determined, with the exception of those accidents which would be cause for immediate termination Except as provided for the most serious violations described above, the Company shall not discharge an employee unless the Company has given the employee at least one documented counseling or warning within the previous 12 months for the same or similarly classed offense.
Section 6: All Disciplinary time off must be afforded given upon in consecutive workdays. If an opportunity employee on suspension is called back to hear and discuss work by the charges and major supporting evidence against him/her Company prior to any decision being made. In any pre-action or pre-termination hearinghaving served their full suspension, the burden balance of proof the penalty days shall be upon management withdrawn by the Company.
Section 7: If it is mutually agreed that a situation arises which has unusual circumstances, the parties, without setting a precedent, may agree to show just cause for change past procedure to more fairly judge the subject discipline. Upon conclusion employee's particular case.
Section 8: Written notice of a disciplinary hearingviolation or infraction shall not be issued to the employee, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more later than ten (10) minutes prior calendar days after the date of the violation or infraction or after such infraction was known to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by Company, whichever is the Human Resources Director or designee. Upon conclusion latter (holidays, days off, sickness, vacation and leave of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if anyabsence excluded).
Section 13.9 Discipline shall include9: After discipline has been assessed either by a written reprimandsnotice or a hearing, suspensions without pay, demotions, and discharges. Employees disciplined no other disciplinary action shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of taken against the employee for that infraction. Nothing in this section or other sections will prevent the employer from following the progressive discipline for just cause based on properly written and if appropriate, recommend corrective action timely issued citation to an employee. If an accident is initially judged preventable and then reversed by the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearingA.R.B., the City may suspend an Employee until investigation of operator who has been assessed a penalty shall be reimbursed any wages lost due to penalty by the incident is completed and will normally place the Employee on paid administrative leaveCompany. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length event of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offensetermination, the employee shall will be placed reinstated with full seniority, benefits and lost pay. No accident will result in a “Class I Infraction.” All accidents will be judged on either authorized personal leave preventability and if judged preventable will result in progressive discipline for preventable accidents and not under progressive discipline for “Class I Infractions.” Any accident or leave without pay incident that is subject to preventability will be reviewed by the accident review board and will not be subject to progressive discipline for “Class I Infractions.” No violations of company rules will be used in conjunction with a different violation for the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. No employee will be disciplined as a result of off duty conduct unless that conduct relates to drugs, alcohol or seriously impacts the employee’s ability to perform their duties. (example: a speeding ticket in a personal car has no ability to effect duties, however multiple tickets resulting in a loss of license will affect the employees ability to perform duties.)
Section 10: An Employee who commits a non-absentee offense for which employee may examine his own personnel file and obtain copies at their expense at any time during business hours, provided that such examination and/or copying is done under supervision by the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveDivision Manager or Division Manager's designee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline No employee who has completed hidher probationary period shall be disciplined or discharge any non-probationary Employee discharged except for just and reasonable cause. Any such discipline or discharge An employee shall be subject to the Grievance or Appeals Procedure, as applicablenotified in of any written expression of dissatisfactionconcerninghidher work within five (5) workingdays of cause for dissatisfactionbecomingknownto hidher Supervisor. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject A copy of such grievances.
Section 13.2 The City and Union agree Employees shall expression of dissatisfactionshall be treated as consistently as possible as concerns providedto the application LocalUnionPresidentor hidher designatewithin twenty four (24) hours of discipline and/or other actions regarding work rules as found within Appendix B Work Rules issuanceto the employee. If this procedure is not followed, such expression of dissatisfactionshall notbecomepartof their disciplinaryrecords for Personal Conductuse against at any time. This shall not preclude the rights prevent oral expressions of individual departments and managers dissatisfaction, but such oral expressions must be reduced to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees writing within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearingbefore becoming part of an employee's record. The written notification term expression of hearings dissatisfaction” shall include: 1mean any discipline which is reduced warnings, suspensions, disciplinary demotions and discharge. Oral discussions and e-mails which are communication by way of feedback or coachingand are not clearly identifiedas expressions of dissatisfaction” shall not part of the employee’s disciplinary record. However, evidence of such communications may be in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a or the Union that an employee has been treated in a discriminatory fashion by the application of discipline, or where the evidence is tendered to establish the standard or expectation of the Company regarding the performance of the employee or employees generally. The employee’s reply to such expression of dissatisfaction, if received within five (5) general information working days after has been given the notice referred to in Article above, shall become part of hidher record. If such reply is not so received, it will not become part of record for use by hidher at any time. An employee shall be furnished, within five (5) working days of receipt, with any other complaint or accusation concerning which may be detrimental to advancementor standing within the alleged offense(s)Company. The employee’s reply to such complaint or accusation, 2if receivedwithin five (5) working days after has been given the work rule(s) violated (if any)complaint or accusation, 3) shall be come part of record. An employee shall have access to personnelfile in the policy presence of hidher manager or procedure(s) violated (if any), 4) the designate duringoffice hours at a mutually time, date and place of hearing, and but in no event later than five (5) days after the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentinitial request. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action employee has been discharged or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined suspended shall be given a copy the opportunity of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateseeing Union representativebefore isrequiredto leavethe Company's premises.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-No employeewho has completed probationary Employee period shall be disciplinedor discharged except for just and reasonable cause. Any such discipline or discharge The foregoing shall not applyto temporary have worked less than six (6) months. A discharged temporary employee who has worked less than six (6) months shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, deemed to have a Union representative presentbeen discharged for just and reasonable cause. Management is not required to inform the An employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any prewritten expression of dissatisfactionconcerning work within five (5)working days of cause for dissatisfactionbecoming known to Supervisor. A copy of such written expression of dissatisfaction shall be provided to the Local Union President or designate within twenty four (24) hours of issuance to the employee. If this procedure is not followed, such expression of dissatisfactionshall not part of their disciplinary records for use against at any time. This Article shall not prevent oral butsuchoralexpressionsmust be reducedto writingwithin five (5)working days beforebecoming part of an employee’s The ”written expression of mean any discipline which is reduced to writing, including written suspensions, disciplinary demotions and discharge. Oraldiscussionsand e-action hearing mails which are communication by way of feedback or coaching and are not clearly identified as expressions of dissatisfaction” shall not form part of the employee’s record. However, evidence of such communications may be introduced in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a or the Union that an employee has been treated in a discriminatory fashion by the application of discipline, or where the evidence is tendered to establish the standard or expectation of the Company regarding the performance of the employee or employees generally. The employee’s reply to such written expression of dissatisfaction,if receivedwithin five (5)working days after has been given the notice referred to in Article above, shall become part of hisher record. If such reply is not so received, it will not become part of record for use by at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and any time. An employee shall be within five (5) working days (of receipt, with any other complaint or equivalent work hours) prior accusation concerning which may be detrimental to a pre-termination hearinghidher advancement or standing within the Company. The written notification employee's reply to such complaint or accusation, if received within five (5) working days after has been given the complaint or accusation, shall be come part of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy hidher record. An employeeshall haveaccessto hidher personnelfile inthe presence of hidher department manager or procedure(s) violated (if any), 4) the designate during office hours at a mutually agreeable time, date and place of hearing, and 5) but in no event later than five (5)working days after the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentinitial request. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action employee who has been discharged or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined suspended shall be given a copy the opportunity of such discipline at seeing Union representative before is required to leave the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateCompany's premises.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 A. The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Employer shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate discipline, suspend, or discharge an employee for proper cause. The parties recognize, where practicable, the principles of progressive discipline will be implemented, except in the cases of serious or gross violation, such a meeting if management denies union representation as assault, theft, routine abuse or negligence involving district equipment/vehicles and continues to question the Employeeimmoral or indecent conduct.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with B. The Employer will notify the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified employee in writing of any pre-disciplinary penalty he/she receives. Such notice to him/her shall also set forth the reason(s) for the Employer’s action. The president may also be sent a copy of this notice. The local union president and vice president may receive copies of suspensions and termination at such time as notice is given to the employee. The local union president or vice president should be present at the time disciplinary action hearing at least two (2) working days (is imposed. This may be the request of the Employer of the Union.
C. If the Employer determines that there is or equivalent work hours) prior may be proper cause for the discharge of an employee but it wants to a pre-action hearing and review the matter further, the Employer may elect to first suspend the employee for up to five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representativesdetermination for the Employer’s final decision on the matter. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officerIf, following such a suspension, the Department Head shall make the Employer’s final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action decision is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of to give the employee and if appropriatea disciplinary layoff rather than a discharge, recommend corrective action to any days he/she is so suspended will be counted in the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 total number of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents days of his/her Human Resources personnel discipline. An employee who is discharged who elects to contest the Employer’s decision or the Union may file under appropriate supervision a written grievance beginning at Step 4 of the grievance procedure set forth in Article 7.
D. Any employee found to be unjustly suspended and/or discharged shall be reinstated with full compensation for all lost time and with reasonable advance notice. Stewards or full restoration of all other Union representatives shall also be allowed to review rights and copy the contents conditions of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. employment.
E. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from shall have the disclosure unconditional right to terminate a probationary employee. Article 7 shall not be applicable to or be utilized to protest the Employer’s termination of these recordsa probationary employee.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered F. An employee may review his/her personnel file upon making a request to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvedo so.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves X. Xxxxx bargaining unit member is called to meet on a matter which involves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration investigation of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense facts and the Employee’s performance record, and be corrective rather than punitive (except in bargaining unit member reasonably believes the case of termination). This principle shall not apply to deliberate or serious offenses which may matter could lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesdiscipline, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief upon that the interview may result in disciplinary action against him or herbargaining unit member's request, the Employee has Hospital will allow the right, upon request, bargaining unit member to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer represented with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative Representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearingmeeting. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee There must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx all discharge or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated discipline issued by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Hospital.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy B. The Hospital follows the general principles of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similaritydiscipline. However, disciplinary actions shall normally be considered in future disciplinary reviews major violations ofwork rules and policies are cause for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific severe disciplinary action overturned through either including discharge, as determined by the grievance or appeal procedure shall Hospital, regardless ofwhether previous disciplinary action has been taken.
C. Except where prohibited by law, if after an eighteen ( 18) month period oftime following the issuance of discipline there was been no discipline of a similar nature, the disciplinary notice will be removed from the Employee’s Human Resources Department 's personnel file and upon the written request of the Employee’s official .
X. Xxxxxxxxxx a bargaining unit member's Personnel File: A Union Representative or Xxxxxxx may inspect material from a bargaining unit member's personnel file within his/when such inspection is related to the investigation of a grievance, provided the Hospital has been given specific written consent for such inspection by the affected bargaining unit member(s). 2831.000/1710444.1 33. The bargaining unit member may, during normal business hours of the personnel office, review his or her department.
Section 13.12 Employees personnel file to the extent permitted by law. The bargaining unit member shall be allowed by the Supervisor or Department Head to review read, sign and receive copies of personal evaluations or letters of warning prior to their placement in the bargaining unit member's personnel file. The bargaining unit member will receive a copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance noticethe evaluation and/or letter of warnmg. Stewards There shall be no strikes, lockout, or other stoppages or interruption of work, including sympathy strikes, during the term of this Agreement. Hospital shall provide space on a bulletin board in the immediate vicinity ofthe Laboratory. A designated Union representatives shall also representative·shall be allowed to review and copy responsible for posting material submitted by the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these recordsUnion. The Union agrees that it will not post materials that are derogatory of the Hospital or management. Both the Union and Hospital shall have a key to defendthe bulletin board. The Hospital shall not access the bulletin board until a request has been made to the Union, indemnifyin writing, and a reasonable time given for discussion. If any provision of this Agreement or any application thereof is held by an agency or court of competentjurisdiction to hold the Employer harmless for any legal proceeding arising from the disclosure be contrary to law, then such provision or application of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism this Agreement shall be offered deemed invalid to an Employee andthe extent required by such agency or court decision, if accepted by an Employee, all other provisions shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction continue in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvefull force and effect.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 1. No employee shall be disciplined by the right to discipline or discharge any non-probationary Employee for Employer without just cause. Any such discipline “Just cause” is hereby defined as any activity that is deemed contrary to the interest IAM and is a hindrance to the effective performance of services to its Clients. Such activity will include, but is not limited to, Client mistreatment, abuse or discharge neglect, defined or used by state or federal law, regulation or judicial decision, falsification of records, reporting to work under the influence of alcohol or drugs, conviction of a crime occurring in the workplace, conviction of a crime that prevents the employee from performing the essential features of the position, sleeping on duty, insubordination, sexual harassment in the workplace, excessive and/or pattern absences or tardies, absence without prior notification, unauthorized use of confidential information.
2. New employees within their six (6) month probationary period may be dismissed without the necessity on the part of the Employer of establishing just cause.
3. Disciplinary action shall be subject limited to the Grievance following: verbal warning, written warning, written reprimand, demotion, or Appeals Procedure, as applicabledismissal. In the administration The principles of this Article, all progressive discipline will be followed. The level of discipline shall be reasonably expedient, progressive reasonable in nature, based upon relation to the nature and circumstances of the offense offense.
4. The employee shall be entitled to receive written notification of the disciplinary action taken or to be taken as soon as is practicable but in no event more than five (5) workdays after disciplinary action has been taken.
5. In cases where the employer intends to levy a disciplinary demotion or discharge from employment upon an employee, notification will be given to MSEA and the Employee’s performance record, and be corrective rather than punitive (except in employee 24 hours prior to the case of termination)discipline being effected. This principle notice shall not apply to deliberate or serious offenses outline the conduct for which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conductaction is being issued. This notice shall not preclude also inform the rights employee that they must request a meeting within 24 hours if they wish to have an opportunity to respond, otherwise the discipline shall stand without any further meeting at the end of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, 24-hour window. The employee will be entitled to have a Union representative presentor xxxxxxx present during the meeting if they request representation. Management is not required The employer reserves the right to inform suspend the 24-hour notification should the level of conduct of the employee be a major hindrance to the interests of IAM and the effective provision of service to its Clients. In such cases the employer will notify MSEA electronically immediately upon identifying that such a hindrance exists.
6. Any employee, except for probationary employees, who has been subject to discipline, may present his/her witness rights; it is grievance in accordance with the Employee’s responsibility to know and grievance procedure hereinafter set forth in this Agreement.
7. Upon receipt of a completed request Union representation. The Union representative form by an employee, records of reprimands shall be told separated from the purpose main personnel file after three (3) years from the date of the meeting and be given reasonable time to confer with occurrence provided that the Employee before the meetingemployee has had no further disciplinary action since that date. Employees have the right to not participate in such Upon receipt of a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses completed request form by an Employeeemployee, management has a responsibility to discuss such matter with the employee. Counseling records of this type suspensions and disciplinary demotions shall be held in private between separated from the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and main personnel file five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning years from the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means occurrence provided that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for has had no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific further disciplinary action overturned through either the grievance since that date. Records of disciplinary suspensions resulting from Client mistreatment abuse or appeal procedure neglect shall not be removed from the Employee’s Human Resources Department file personnel files under the provisions of this paragraph. This provision is subject to applicable state and the Employee’s official personnel file within his/her departmentfederal laws and regulations.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right 18.01 This procedure shall apply to discipline or discharge any all non-probationary Employee employees covered by this Agreement.
18.02 All employees shall have the following rights:
a) An employee shall be entitled to representation by a Union representative at each step of the disciplinary procedure.
b) An employee shall not be coerced, intimidated, or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or working conditions as the result of the exercise of his rights under this procedure.
18.03 An employee may resign following the service of a Notice of Discipline. Any such resignation will be processed in accordance with the Employer's Rules and Regulations and the employee’s employment shall be terminated.
18.04 Discipline shall be imposed only for just cause. Any such The specific acts for which discipline or discharge is being imposed and the penalty proposed shall be subject specified in the Notice of Discipline. The Notice served on the employee shall contain a reference to dates, times and places, if possible.
18.05 Where the Grievance or Appeals ProcedureEmployer seeks to impose disciplinary action, as applicable. In the administration notice of this Article, all such discipline shall be reasonably expedientmade in writing and served on the employee personally or by registered or certified mail, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle return receipt requested.
18.06 Discipline shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesbe implemented until either:
a) the matter is settled, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.or
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform b) the employee fails to file a grievance within the time frame provided by this procedure, or c) the grievance is denied at Step 2 of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to
18.07 The Notice of Discipline served on the Employee. The Employee may provide a written response, which employee shall be retained with accompanied by written statement that:
a) the written Employee Counseling Record. It is understood informal counseling sessions occur from time employee has a right to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these object by filing a grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hoursof receipt of the Notice of Discipline;
b) the Grievance Procedure provides for a hearing by an independent arbitrator as its final step;
c) the employee is entitled to representation by a Union representative at every step of the proceeding.
18.08 If a grievance is filed and pursued within the time frames provided below, no penalty can be implemented, except as provided in paragraph 18.12, until the matter is processed through Step 2 of the Grievance Procedure.
18.09 The following administrative procedures shall apply to disciplinary actions:
a) The Employer and the employee involved are encouraged to settle disciplinary matters informally. Each side shall extend a good faith effort to settle the matter at the earliest possible time. The Employer is encouraged to hold an informal meeting with the employee for the purpose of discussing the matter prior to a pre-termination hearingthe formal presentation of written charges. The written notification specific nature of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearingmatter will be addressed, and the Employer may offer a proposed disciplinary penalty. The employee must be advised before meeting that she/he is entitled to representation by the Union during the initial discussion.
b) If a mutually agreeable settlement is not reached at this informal meeting the Employer will, within ten (10) working days, prepare a formal Notice of Discipline and present it to the employee. If no informal meeting is held, the Employer may just prepare a Notice of Discipline and present it to the employee. The Notice of Discipline will include advice as to the employee’s rights in the procedure, and the right of representation.
c) Upon receipt of the Notice of Discipline, the employee may choose to accept the proposed discipline or to appeal by filing a grievance with the Police Chief, pursuant to Step 2 of the Grievance Procedure. The appeal must be filed at Step 2 within five (5) working days from receipt of the Notice of Discipline.
18.10 A failure to submit an appeal within the above time limit shall be construed as an agreement to the disciplinary action by the affected employee and Union. All subsequent appeal rights shall he deemed waived.
18.11 A disciplinary matter may be settled at any time. The terms of the settlement shall be agreed to in writing. An employee executing a settlement shall be notified of the right to have a Union Xxxxxxx representative or representative at the hearing, 6) the name to decline any such representation. A settlement entered into by an employee shall be final and binding on all parties. The Union shall be notified of the hearing officerall settlements.
Section 13.7 Notice of a pre-action hearing means that 18.12 An employee may be suspended with pay at any time during the Employee is being considered for discipline involving a process. A suspension without pay may be imposed concurrent with or demotion as a possible outcome subsequent to the decision at Step 2 of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingGrievance Procedure.
Section 13.8 Discipline above the level 18.13 All appeals of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence disciplinary actions taken against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee employees shall have only be appealed through the right Grievance and Arbitration Procedures herein contained and shall not he appealed to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateany Civil Service Commission.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall 5.01 An employee will not be subject to the Grievance or Appeals Proceduredismissed from service, as applicable. In the administration of this Articlenor disciplined, all discipline shall nor will entries be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action made against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is record without sufficient cause. If any charges are entered in his/her record, excepting lateness and accidents, the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management employee will be given additional timea full and complete written statement of the charges, and his/her records made available at the time of the charge. The written notice shall provide the Employee with an estimated date when the process An employee's record shall be completed.
Section 13.6 Employees shall be given defined as his/her record for the opportunity to have immediate past twenty-four (24) months of continuous service. Any employee, having been dismissed from service, or his/her Union Representative, may file a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and grievance within five (5) working days (to be dealt with as hereinafter provided.
5.02 Any employee against whom a complaint has been received or equivalent work hours) prior charges made will be required to a pre-termination hearingreport to the Corporation Officer investigating the complaints. The written notification If on duty when reporting the above charge or complaint, the employee will be paid at his/her hourly rate. If as result of hearings shall include: 1) general information concerning the alleged offense(s)complaint or charge the employee is disciplined, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) employee has the right to have his/her case considered by the Manager responsible and a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of Union within twenty-four (24) hours. Failing a pre-action hearing means that satisfactory settlement, the Employee is being employee has the right to have his/her case considered for discipline involving by a suspension without pay or demotion as a possible outcome representative of the hearingUnion and the Commissioner or his/her designate. Notice of a pre-termination hearing means that Failing settlement, regular grievance procedure will apply. If the employee is being considered exonerated the employee will be paid for any level all time lost.
5.03 Causes for dismissal will include, among other reasons, theft, destruction or abuse of discipline up Corporation property, habitually reporting late, gambling while on duty, abusing privileges of employee's free transportation, causing an accident through carelessness or neglect, incivility to and including discharge as a possible outcome passengers, profanity on coaches or on the premises of the hearing.
Section 13.8 Discipline above Corporation, missing fares through neglect, absent without leave after one working period. Causes will also include not complying with the level rules of written reprimand shall require a certified hearing officer from outside maintenance procedure as laid out in the department. An Employee must be afforded an opportunity garage, repeated failure or come backs of mechanic's work due to hear and discuss the charges and major supporting evidence against him/her prior to any decision being madecarelessness, inefficiency or neglect. In any pre-action or pre-termination hearingall cases, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall may have the right to appeal or grieve such discipline as provided under Article 14 6 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateAgreement.
Section 13.10 Pending a pre5.04 It is mutually understood and agreed upon that Casual Operators and probationary employees may be dismissed for reasons less serious than those affecting full-action or pre-termination hearingtime employees. Such causes shall include, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leavebut not be limited to, the Department shall have sole authority matters pertaining to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay performance and the timeframes for investigation and the pay status determination shall be solely at management’s discretionability to get along with others.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 4.01 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief recognizes that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose exclusive right of the meeting Employer or Employer representative, such as managers, superintendents, supercargoes and be given reasonable time to confer with foreperson, and/or the Employee before the meetingAssociation:
1. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an EmployeeTo maintain order, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject efficiency;
2. To hire, suspend or discharge for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to the Grievance ProcedureEmployer;
3. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur To make or alter from time to time which may rules and regulations not inconsistent with the terms of this Agreement to be documented in any mannercomplied with by employees employed under this Agreement. Employee Counseling Records This Section 4.01 shall not be placed in consistent with the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsterms of this Agreement.
Section 13.5 Management shall make a good faith effort 4.02 An employee who is ordered for work or ordered back to complete investigations into alleged offenses and work who fails to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware do so at the time designated by the Employer will be subject todischarge.
4.03 When an employee is fired for just cause or leaves the job for reasons such as accident or sickness, the remainder of the alleged offense. A disciplinary action report should be offered employees will continue to work as directed by the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedEmployer.
Section 13.6 Employees shall be given 4.04 In any case where the opportunity employee is discharged for more than the remainder of the day, and the Employer or the Associationdesires to have a imposeanyfurtherpenalty, theymust so notify the Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least within two (2) working days (days(exclusive of Saturdays, Sundays or equivalent work hoursRecognized Holidays) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name following initial discharge of the hearing officeremployee.
Section 13.7 Notice 4.05 In the case of a pre-action hearing means that dispute involving an alleged unjust suspension or discharge of an employee, the Employee is being considered for discipline involving matter shall be submitted in writing anddealtwith by a suspension without pay or demotion as representativeofthe Employer and a possible outcome representative of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingUnion.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity 4.06 Should these representatives fail to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingagree, the burden of proof shall matter may be upon management to show just cause for processed through the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Grievance Procedureunder this Agreement.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. 4.07 The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, Association may, at the sole discretion any time, impose a penalty of suspension from all work or from certain work, a disciplinarylayofforoutright dismissal. Thedecision of the Employee’s supervisor, Association will be offered a vacation leave accrual reduction communicated to the Union in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay writing together with the reason for purposes of progressive discipline. Only one vacation leave accrual reduction any penalty which may be imposed during any twelveimposed.
4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (3) days (exclusive of Saturdays, Sundays and Recognized Holidays) following receipt by the Union of the decision of the Association or the penalty will be deemed to be accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 19.1 Subject to the rights granted in Article 3 (Management Rights) of this Agreement, the Company shall not discipline an employee without just cause and without a fair and impartial hearing as set out in this Article. An employee may be held out of service with pay pending an investigation for alleged violations of a serious nature. Both parties will endeavour to proceed with such cases in an expedited manner. When a request for an extension in the time limit is made, concurrence will not be unreasonably withheld.
19.2 Prior to a fair and impartial hearing, the parties may agree to arrange for an informal conference to discuss the alleged offence. Such informal conference may be either in person or by telephone. If such informal conference results in a resolution agreeable to both parties, the resolution will be reduced to writing in the form of a waiver, and no further action will be taken.
19.3 The City reserves employee’s supervisor or his delegate shall conduct the right to discipline or discharge any non-probationary Employee for just causehearing in an informal manner. Any such discipline or discharge assessed shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive issued within fifteen (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (3015) calendar days from becoming aware the date of the alleged offenseinformal investigation. A disciplinary action report should be offered to The Union shall notify the Employee Company, in writing, within seven fifteen (715) calendar days if in disagreement of the discipline assessed. Within fifteen (15) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written the notice of a delay such disagreement the following shall apply:
A. The Company shall notify the employee in writing of the process stated aboveincident(s) for which discipline is or may be imposed. The notice shall concisely describe the nature of the incident(s), Management giving the time, date, and place of the occurrence of the incident(s), noting the date and time of the formal hearing, and informing the employee that he has the right to Union representation and to bring witnesses.
B. The hearing will be given additional time. The written scheduled within fifteen (15) days of the date of notice shall provide the Employee with an estimated date when the process and shall be completed.
Section 13.6 Employees shall be given presided over by an officer of the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearingCompany. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right entitled to have an accredited Local Union Representative to appear with them at investigations.
C. The Company shall provide the employee and the Union a Union Xxxxxxx or representative list of witnesses it intends to call at the hearing, 6hearing no less than forty-eight (48) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome hours in advance of the hearing. Notice The employee shall also supply the Company with a list of a prewitnesses he intends to call at the hearing forty-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome eight (48) hours in advance of the hearing. These limitations may only be changed by the mutual agreement between the Union and the Company or if either side is prejudiced by such restrictions as it relates to the investigation.
Section 13.8 Discipline above 19.4 A decision will be rendered in no longer than fifteen (15) days after the hearing. Such decision shall be in writing and served on the operating employee and the Union representative or his delegate. This time limitation may only be changed by mutual agreement between the Union and the Company. Once a decision has been rendered, the Company may implement the decision.
19.5 If the Union disagrees with the decision rendered, it may progress a grievance at the Step 2 level of written reprimand shall require a certified hearing officer from outside the departmentGrievance and Arbitration procedure in article 20. An Employee must This time limitation may only be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, changed by mutual agreement between the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Company.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. 22.1 No Mechanical service Employee will be disciplined without a fair and impartial hearing unless the Carrier offers a right to waive investigation, as provided in section 22.5 and said waiver is accepted by the employee.
22.2 The notice of hearing will be mailed (Certified Mail, Return Receipt Requested or via FedEx) or hand- delivered to the employee within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The Carrier shall provide the Local Chairman with a copy of the notice of hearing. The notice of hearing will contain information sufficient to apprise the Employee of the precise act or occurrence to be investigated. Such information will include date, time, location, assignment, and occupation of the employee at the time of the incident. The notice of hearing will also include a list of all necessary material witnesses to be called.
22.3 The hearing will be scheduled to take place within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The hearing may be postponed by either party due to sickness, injury or vacation of principals or witnesses. It may also be postponed due to unavailability of Chosen Representative, Xxxxxxxx Manager or Hearing Officer, except for situation covered by Section 13.1 22.5. The City reserves hearing may be postponed for any reasons by mutual consent of the parties. The hearing may be adjourned to secure necessary witnesses or if it cannot be completed in a day.
22.4 Hearings will be held at the home terminal of the Employee. An Employee required to attend a hearing at a location other than at his/her home terminal will be allowed personal auto expense as outlined in Section 3.7 of this Agreement.
22.5 The Carrier may offer a charged employee the right to waive the investigation and accept responsibility for the charges. Such offer of waiver, if accepted by the Employee will be in writing and signed by both the Carrier and the employee. Prior to signing, the employee will be given the opportunity to allow review of said waiver by his/her Local Chairman. The waiver will contain the specific amount of discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall and conditions that will be subject to the Grievance or Appeals Procedure, assessed as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances a result of the offense and employee waiving his/her rights to an investigation. If said waiver is declined by the Employee’s performance record, and be corrective rather than punitive (except in employee the case conditions of termination). This principle same shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights be used in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesany other forum by either party.
Section 13.2 The City and Union agree 22.6 Employees shall may not be treated as consistently as possible as concerns suspended pending a hearing except when the application act or occurrence to be investigated is of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conducta serious nature including: Rule G, insubordination, extreme negligence or dishonesty. This shall not preclude the rights of individual departments and managers Employees’ suspended while on duty will be transported to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sectionshome terminal.
Section 13.3 If it is necessary to interview an 22.7 The Employee to discover information as part of an investigation, and the Employee has a reasonable belief may request that the interview may result Carrier provide witnesses not listed on the notice of hearing and will have the opportunity to secure the presence of witnesses in disciplinary action against him or her, his/her own behalf. The Employee will have the Employee has the right, upon request, right to have be represented by a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know own choosing and request Union representation. The Union he/she and his/her representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees will have the right to not participate in such a meeting question all witnesses. The Employee and his/her representative will be provided with an accurate copy of the hearing transcript within fifteen (15) days of the completion of the hearing if management denies union representation and continues to question the Employeediscipline will be assessed.
Section 13.4 For minor offenses by an Employee22.8 The Employee must be notified within fifteen (15) days of the completion of the hearing if discipline will be assessed. The types of discipline, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record which may be completed to document such counseling with a copy provided to the Employeeassessed, are reprimand, deferred suspension, relevant training, actual suspension, and dismissal. The types of discipline may be assessed individually or in combination. The Employee may provide be required to serve deferred suspension only if he/she commits another offense for which discipline is imposed within the twelve (12) months of the first offense. Training which is required as part of discipline will be held at the home terminal or at a written responsemutually agreed upon location of the affected employees assignment at time of discipline. If the Employee is required to travel to attend discipline training, which shall he/she will be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented allowed Personal Auto Expense as outlined in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsSection 3.7 of this Agreement.
Section 13.5 Management shall make 22.9 If the finding of the hearing is that the Employee is not at fault, he/she will be so notified and he/she will be compensated for the actual wages lost, if any. If no wages are lost the Employee will be compensated for the actual time spent with a good faith effort minimum of four (4) hours. In addition, the Employee will be paid Dead Heading for travel from home terminal to complete investigations into alleged offenses and to provide notification location of hearing and return.
22.10 If the finding of the hearing is that the Employee is at fault, appeal of discipline assessed must be made within sixty (60) days of the date of the discipline notice. Such appeal must be made in writing by the Local Chairman or his designated representative to Employees the Carrier's highest designated appeals officer. Conference must be scheduled within fifteen (15) days of receipt of appeal. Written response to the appeal will be issued within thirty (30) calendar days from becoming aware the date of the alleged offenseconference. A disciplinary action report should be offered to If the Employee within seven (7) calendar days decision of completion the Carrier on appeal is in favor of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present he/she will be paid in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately accordance with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 section 25.9 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the UnionSection. If the Employee has been involved with a possible criminal offenseappeal is denied, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part decision of the progressive disciplinary process regardless Designated Company Official will be final and binding unless within six (6) months of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews such final denial the claim is disposed of on the property or proceedings for a maximum final disposition of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from claim under the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that Railway Labor Act are instituted by the Employee releases or the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsduly accredited representative.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline 10.01 Whenever a written work infraction is issued, or whenever a recommendation is made for suspension or discharge of any non-probationary Employee for just cause. Any such discipline or discharge employee, a copy of the work infraction report shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee delivered within seven (7) calendar days of completion the occasion giving rise to the work infraction report, or the date on which the Corporation becomes aware of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay the occasion, to the employee in the process stated abovepresence of the Union Xxxxxxx who shall also receive a copy of the said report; provided however, Management will be given additional time. The written notice shall provide that where the Employee with an estimated date when employee is not at work and it is not possible to deliver the process infraction personally to him, such infraction report shall be completedsent to the employee by certified mail kit, registered mail, or telegram and a copy shall be delivered to the Union Xxxxxxx.
Section 13.6 Employees 10.02 The Parties agree that the Executive Director or designate has the right to suspend or discharge an employee, subject to the grievance process.
10.03 In the case of discharge or suspension, representatives of the Union and the individual if deemed necessary by the Union shall have the opportunity of meeting with the Director of Human Resources or designate to attempt to resolve the problem before going to grievance procedure at the Chief Administrative Officer or Acting Chief Administrative Officer’s level.
10.04 In cases of suspension or discharge, the grievance procedure shall commence at the Chief Administrative Officer or Acting Chief Administrative Officer level and any grievance shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and delivered within five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name after delivery of the infraction report. At the hearing officer.
Section 13.7 Notice before the Chief Administrative Officer or Acting Chief Administrative Officer in cases of a pre-action hearing means discharge or suspension, the Corporation shall firstly present its arguments and evidence in support of its recommendation and the Union shall be privileged to present its arguments and evidence in reply as it considers necessary. Thereafter the grievance shall proceed in the same manner as any other grievance under Article 9. It is agreed that the Employee is being considered for discipline involving whenever a suspension without pay or demotion is imposed it will not be put into effect until the grievance procedure as a possible outcome of the hearing. Notice of a pre-termination hearing means set out in Article 9.01A and 9.01B is exhausted, provided that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee Management shall have the right at any time to appeal or grieve such remove any employee from
10.05 In imposing discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending on a pre-action or pre-termination hearingcurrent charge, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department Corporation shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionnot take into account any infraction which occurred more than thirty (30) months previously.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 6.01 The City reserves right of dismissal and maintenance of discipline affecting employees shall be the right to discipline responsibility of the Company. However, no employee shall be discharged unless he has received a prior warning or discharge any non-probationary Employee reprimand for just cause. When the offenses involved are of major significance, such as the following, immediate discharge may result:
(a) the sale, use, possession, or being under the influence of drugs or alcohol while at work;
(b) theft or wilful damage while at work;
(c) falsely signing in or out, or punching in or out, or falsifying any time records whatsoever of himself or another employee(s);
(d) repeated unauthorized absenteeism;
(e) failure to report accidents that employees either witness or have been involved in.
6.02 In cases of suspension or discharge, the Company shall mail a copy of the written notice to the office of the Union within five (5) working days from the date of suspension or discharge.
6.03 Upon discharge of an employee, the Company shall pay all monies due the discharged employee as soon as the necessary documentation can be processed. An employee who voluntarily terminates his employment shall receive all money due to him on the pay day next following the termination.
6.04 Any such discipline employee who is to receive a suspension or discharge shall be subject removed from his work station and taken to the Grievance or Appeals Procedure, as applicablean office. In the administration of this Article, all discipline The employee shall be reasonably expedientadvised of his right to have Union Representation at this discipline meeting, progressive in naturethe presence of his Shop xxxxxxx, based upon or other Union representative. The employee is entitled to refuse such representation, and such refusal shall be noted. During the circumstances discipline meeting, the employee shall be advised in writing of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination)offence committed. This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the An employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in suspended or discharged without the employee’s official Human Resources Department fileCompany first meeting with the Regional Representative of the Union to review the circumstances. However, should In cases of alleged theft or serious safety issues an Employee grieve or appeal any employment action in the future, counseling records employee may be used immediately held out of service. In such instances the Company will meet with the Regional Representative of the Union as evidence in these grievance hearings or appealssoon as possible but no later than 48 hours from time the employee is first held out of service.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30a) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (grounds for discipline or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearingdischarge. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officerAny discipline assessed will be imposed without delay.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded (b) Any disciplinary record entered on an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure employee's personnel file shall be removed from the Employee’s Human Resources Department active file and after the Employee’s official personnel record or information has been on file within his/her departmentfor eighteen (18) months, provided that no further disciplinary action has been recorded during this time. An employee shall be provided the opportunity to review their personal file with their supervisor, provided reasonable notice of said request has been afforded the company.
Section 13.12 Employees (c) Postponements of above procedures may be mutually arranged. Failure to grieve previous discipline or to pursue such a grievance to arbitration shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall not be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could to be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvean admission that such discipline was justified.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 4.01 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief recognizes that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose exclusive right of the meeting Employer or Employer representative, such as managers, superintendents, supercargoes and be given reasonable time to confer with foremen, and/or the Employee before the meetingAssociation:
1. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an EmployeeTo maintain order, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject efficiency;
2. To hire, suspend or discharge for proper cause, such as incompetence, insobriety, pilferage, absence from the job without permission or failure to perform work in a manner satisfactory to the Grievance ProcedureEmployer;
3. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur To make or alter from time to time which may rules and regulations not inconsistent with the terms of this Agreement to be documented in any mannercomplied with by employees employed under this Agreement. Employee Counseling Records This Section 4.01 shall not be placed in consistent with the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsterms of this Agreement.
Section 13.5 Management shall make a good faith effort 4.02 An employee who is ordered for work or ordered back to complete investigations into alleged offenses and work who fails to provide notification of hearing do so at the time designated by the Employer will be subject to Employees within thirty (30) calendar days from becoming aware discharge.
4.03 When an employee is fired for just cause or leaves the job for reasons such as accident or sickness, the remainder of the alleged offense. A disciplinary action report should be offered employees will continue to work as directed by the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedEmployer.
Section 13.6 Employees shall be given 4.04 In any case where the opportunity employee is discharged for more than the remainder of the day, and the Employer or the Association desires to have a impose any further penalty, they must so notify the Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least within two (2) working days (exclusive of Saturdays, Sundays or equivalent work hoursRecognized Holidays) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name following initial discharge of the hearing officeremployee.
Section 13.7 Notice 4.05 In the case of a pre-action hearing means that dispute involving an alleged unjust suspension or discharge of an employee, the Employee is being considered for discipline involving matter shall be submitted in writing and dealt with by a suspension without pay or demotion as a possible outcome representative of the hearing. Notice of Employer and a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome representative of the hearingUnion.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity 4.06 Should these representatives fail to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingagree, the burden of proof shall matter may be upon management to show just cause for processed through the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)Grievance Procedure under this Agreement.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. 4.07 The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, Association may, at the sole discretion any time, impose a penalty of suspension from all work or from certain work, a disciplinary layoff or outright dismissal. The decision of the Employee’s supervisor, Association will be offered a vacation leave accrual reduction communicated to the Union in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay writing together with the reason for purposes of progressive discipline. Only one vacation leave accrual reduction any penalty which may be imposed during any twelveimposed.
4.08 Any grievance involving a claim that by decision of the Association, an employee has been suspended, disciplined or dismissed without just cause or that the penalty is too severe, must be submitted in writing by the Union within three (3) days (exclusive of Saturdays, Sundays and Recognized Holidays) following receipt by the Union of the decision of the Association or the penalty will be deemed to be accepted without protest. Any such grievance will be dealt with at Step 3 of the Grievance Procedure.
Appears in 1 contract
Samples: Collective Agreement
Discipline. 22.1 No Engineering service Employee will be disciplined without a fair and impartial hearing unless the Carrier offers a right to waive investigation, as provided in section 22.5 and said waiver is accepted by the employee.
22.2 The notice of hearing will be mailed (Certified Mail, Return Receipt Requested or via FedEx) or hand- delivered to the employee within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The Carrier shall provide the Local Chairman with a copy of the notice of hearing. The notice of hearing will contain information sufficient to apprise the Employee of the precise act or occurrence to be investigated. Such information will include date, time, location, assignment, and occupation of the employee at the time of the incident. The notice of hearing will also include a list of all necessary material witnesses to be called.
22.3 The hearing will be scheduled to take place within fifteen (15) days of the Carrier's first knowledge of the act or occurrence. The hearing may be postponed by either party due to sickness, injury or vacation of principals or witnesses. It may also be postponed due to unavailability of Chosen Representative, Xxxxxxxx Manager or Hearing Officer, except for situation covered by Section 13.1 22.5. The City reserves hearing may be postponed for any reasons by mutual consent of the parties. The hearing may be adjourned to secure necessary witnesses or if it cannot be completed in a day.
22.4 Hearings will be held at the home terminal of the Employee. An Employee required to attend a hearing at a location other than at his/her home terminal will be allowed personal auto expense as outlined in Section 3.7 of this Agreement.
22.5 The Carrier may offer a charged employee the right to waive the investigation and accept responsibility for the charges. Such offer of waiver, if accepted by the Employee will be in writing and signed by both the Carrier and the employee. Prior to signing, the employee will be given the opportunity to allow review of said waiver by his/her Local Chairman. The waiver will contain the specific amount of discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall and conditions that will be subject to the Grievance or Appeals Procedure, assessed as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances a result of the offense and employee waiving his/her rights to an investigation. If said waiver is declined by the Employee’s performance record, and be corrective rather than punitive (except in employee the case conditions of termination). This principle same shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights be used in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesany other forum by either party.
Section 13.2 The City and Union agree 22.6 Employees shall may not be treated as consistently as possible as concerns suspended pending a hearing except when the application act or occurrence to be investigated is of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conducta serious nature including: Rule G, insubordination, extreme negligence or dishonesty. This shall not preclude the rights of individual departments and managers Employees’ suspended while on duty will be transported to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sectionshome terminal.
Section 13.3 If it is necessary to interview an 22.7 The Employee to discover information as part of an investigation, and the Employee has a reasonable belief may request that the interview may result Carrier provide witnesses not listed on the notice of hearing and will have the opportunity to secure the presence of witnesses in disciplinary action against him or her, his/her own behalf. The Employee will have the Employee has the right, upon request, right to have be represented by a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know own choosing and request Union representation. The Union he/she and his/her representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees will have the right to not participate in such a meeting question all witnesses. The Employee and his/her representative will be provided with an accurate copy of the hearing transcript within fifteen (15) days of the completion of the hearing if management denies union representation and continues to question the Employeediscipline will be assessed.
Section 13.4 For minor offenses by an Employee22.8 The Employee must be notified within fifteen (15) days of the completion of the hearing if discipline will be assessed. The types of discipline, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record which may be completed to document such counseling with a copy provided to the Employeeassessed, are reprimand, deferred suspension, relevant training, actual suspension, and dismissal. The types of discipline may be assessed individually or in combination. The Employee may provide be required to serve deferred suspension only if he/she commits another offense for which discipline is imposed within the twelve (12) months of the first offense. Training which is required as part of discipline will be held at the home terminal or at a written responsemutually agreed upon location of the affected employees assignment at time of discipline. If the Employee is required to travel to attend discipline training, which shall he/she will be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented allowed Personal Auto Expense as outlined in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsSection 3.7 of this Agreement.
Section 13.5 Management shall make 22.9 If the finding of the hearing is that the Employee is not at fault, he/she will be so notified and he/she will be compensated for the actual wages lost, if any. If no wages are lost the Employee will be compensated for the actual time spent with a good faith effort minimum of four (4) hours. In addition, the Employee will be paid Dead Heading for travel from home terminal to complete investigations into alleged offenses and to provide notification location of hearing and return.
22.10 If the finding of the hearing is that the Employee is at fault, appeal of discipline assessed must be made within sixty (60) days of the date of the discipline notice. Such appeal must be made in writing by the Local Chairman or his designated representative to Employees the Carrier's highest designated appeals officer. Conference must be scheduled within fifteen (15) days of receipt of appeal. Written response to the appeal will be issued within thirty (30) calendar days from becoming aware the date of the alleged offenseconference. A disciplinary action report should be offered to If the Employee within seven (7) calendar days decision of completion the Carrier on appeal is in favor of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present he/she will be paid in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately accordance with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 section 25.9 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the UnionSection. If the Employee has been involved with a possible criminal offenseappeal is denied, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part decision of the progressive disciplinary process regardless Designated Company Official will be final and binding unless within six (6) months of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews such final denial the claim is disposed of on the property or proceedings for a maximum final disposition of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from claim under the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that Railway Labor Act are instituted by the Employee releases or the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsduly accredited representative.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves Employees shall receive a copy of any verba\, written, or disciplinary letters that are placed on their file, a copy to the right Union. Such letters shall become part of the employee's work history. When the Employer schedules a meeting with the employee in this regard, the Employer shall ensure that Xxxxxxx or alternate is present at such meeting. Verbal, written or disciplinary letters shall not be used for the purpose of compounding discipline after one (1) year. if a re-occurrence of the same or similar Infraction exists within said year, progressive discipline may apply. Where the Union requires an explanation of reasons for discipline, hours of work, the Employer agrees to discipline promptly supply same within ten calendar days from the request, either verbally or discharge any non-probationary Employee for just causein writing to the Union. Employees covered by this Agreement will have access to their personnel file upon written request by the employee involved during normal office hours. Any such document or discipline or discharge shall that is to be subject included in an employee's work file must have been brought to the Grievance employee's attention at the time the incident occurred, but no later than ten days from each occurrence, or Appeals Procedure, as applicablefrom the day of discovery of the violation. In the administration of this Articleevent the Employer requests any Bargaining Unit to undergo a Polygraph Examination (lie detector) or similar mechanical or physical test for any reason, all discipline the Employer shall be reasonably expedientfirst notify the Union Officer affected to arrange a meeting with the employee, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigationRepresentative, and the Employee has a reasonable belief Employer, to discuss the test. The Employer shall clearly state that the interview may result in disciplinary action against him or herexamination is voluntary, and that there shall be no adverse consequence should the employee decline the requested Polygraph Examination. The employee shall be entitled to Union representation prior to and after the test, as well, the Employee has Union Representativeshall be allowed to accompany the rightsaid employee to the location of the examination, upon requesthowever the Union Representative may not in the actual examination. Employees covered by this Agreement, who voluntarily agree to have participate in a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative Polygraph Examination, shall be told provided with a of questions to be asked during the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employeepolygraph, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject prior to the Grievance Procedureactual Polygraph Examination. A written Employee Counseling Record may be completed to document such counseling with a copy provided Anonymous calls to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records Company shall not be placed in the employee’s official Human Resources Department filegrounds for discipline, warning letters, etc. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management Nothing will be given additional time. The written notice shall provide the Employee with retained in an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official employee's personnel file within his/her departmentthis regard.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to 16.1 - All discipline or discharge any non-probationary Employee covered by this Article shall be for just cause. Any such discipline or discharge shall be subject Prior to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application imposition of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has that affects a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the property right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees employees will have the right to not participate a pre-disciplinary hearing (Xxxxxxxxxx hearing) in such a meeting if management denies union representation and continues to question front of the Employeedepartment head or their designee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed 16.2 - Any permanent employee in the employee’s official Human Resources Department file. Howeverclassified service may utilize the grievance procedure Article 6, should an Employee grieve or Step 4, herein to appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx reductions in rank or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimandspay, suspensions without pay, demotions, and dischargesor dismissals. Employees disciplined shall be given a copy The filing of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative a grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay voluntary and irrevocable waiver of the right to pursue the matter under any Civil Service Board procedure.
A. The Employer and the Union recognize the intent of a “letter of reprimand” is for purposes the purpose of modifying inappropriate behavior. Said actions shall state, in writing to the employee and the Union, the reason(s) for such action. The Employer agrees that all disciplinary actions and letters of reprimand are considered grieved if used to support a suspension, discharge, or demotion and will be subject to “Just Cause”.
B. The Employer recognizes the right of an employee to Union representation during the investigative phase of corrective action and the Employer will inform the employee of this right and shall, upon request by the employee, provide Union representation; failure to inform the employee shall not be subject to the grievance procedure. An employee who waives this right shall acknowledge such in writing. Employees may elect to submit a rebuttal letter in response to any corrective action, which shall be signed by the employee, and which shall be maintained in the employee’s personnel file.
C. All letters of reprimand, suspensions and/or discharges must be issued within sixty (60) calendar days of when the employer had knowledge of an incident. The Union will be notified of an ongoing investigation which is anticipated to exceed this time frame. All timeframes can be extended upon mutual agreement by the parties.
D. If no additional discipline occurs during the twelve (12) months following issuance of a letter of reprimand, it shall no longer be used for the purpose of progressive discipline. An Employee who commits If no additional discipline occurs in the thirty-six (36) months following a non-absentee offense suspension, it shall no longer be used for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes purpose of progressive discipline. Only one vacation leave accrual reduction may .
Section 16.3 In utilizing the grievance procedure the grievance shall first be imposed during any twelveheard at the Human Resources Director level, Step 4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee A. Employees covered by this Agreement may be disciplined only for just cause. Any such The parties agree that, in general, a progressive discipline or discharge policy shall be subject followed utilizing the disciplinary methods permitted by the Personnel Law, provided, however, that the parties also understand and agree that in some instances summary discipline, including discharge, may be warranted instead of progressive discipline. If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee in front of other employees or the public.
B. If in any case the employer believes that there is just cause to discharge, suspend or fine an employee, or cause the employee to forfeit accrued annual leave, the employer shall provide notice in writing to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense employee and the Employee’s performance record, and be corrective rather than punitive (except in the case DSA of termination). This principle shall not apply its intent to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in take disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days in advance of taking such action. One (1) copy of a notice of intent to take disciplinary action shall be hand-delivered to the employee's workstation (if possible, hand- delivered to the employee). If the employee cannot be contacted for personal service, a copy of the notice shall also be sent to the employee by certified mail return receipt requested at the employee's last known address shown on the employee's personnel record. The employer shall make reasonable attempts to hand-deliver the notice referred to herein to the employee before sending such notice by mail. The notice will be considered to have been served upon the employee as of the date of mailing. When a notice of intent is served while an employee is on approved sick or equivalent work hoursannual leave or scheduled day off, the five (5) day period the employee has to respond will begin to run when the employee returns to work.
C. When an employee is to be disciplined in a manner which involves a discussion or some other event other than the delivery of the written notice of discipline, or is to be the subject of an investigatory interview, he/she shall be informed in writing at least five (5) working days prior to a pre-termination hearing. The written notification the start of hearings shall include: the interview (1) general information concerning of the alleged offense(s)name, rank or title, and command of the officer or supervisor in charge of the investigation, of the officer or supervisor conducting the interview and the nature of the investigation and (2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the his/her right to have present, upon request, a Union Xxxxxxx DSA representative or representative at the hearing, 6) the name other person of his/her choice. This time period may be extended by mutual consent of the hearing officeremployer and the employee. However, if an immediate interview is required and the designated DSA representative is unavailable, the employee may select another DSA representative who can be present during the investigatory interview.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay D. The DSA representative or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted other person selected by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave present at all times during the interview or leave without pay and discussion unless waived by the timeframes for employee. All questions directed to the employee shall be asked by one interviewer.
E. An investigatory interview shall take place at the office of the investigator conducting the investigation and the pay status determination shall be solely at management’s discretionconducted during the employee's normal working hours unless otherwise agreed to by the employee.
Section 13.11 It F. Where an employee is understood that previous disciplinary issues shall interviewed more than once with regard to the same investigation, the employee will be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited permitted to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within read his/her departmentprevious statement(s) before any subsequent interview.
Section 13.12 Employees shall G. When an employee, who has received a final notice of disciplinary action, appeals the disciplinary action according to the procedure contained in Article 11 (Grievance Procedure), the employee, upon request, will be allowed provided with a copy of the investigatory file within five (5) working days after filing the grievance, but excluding the identity of any confidential sources and recommendations as to review and copy contents charges, disposition or punishment.
H. When more than one supervisor is involved in a counseling session at one time, the employee being counseled may request that a DSA member of his/her Human Resources personnel file under appropriate supervision choice be present and with shall be granted a reasonable advance noticeamount of time to produce that person. Stewards or other Union representatives shall also But the counseling session will not be allowed delayed beyond the end of the employee's shift because of the unavailability of the member selected to review and copy attend. In the contents of an Employee’s Human Resources personnel file with datedevent the selected member is unavailable within these guidelines, written authorization from such Employee. The written authorization shall include a statement that the Employee releases counseling session will proceed, but the Employer from all liability regarding the disclosure of these records. The Union agrees employee to defend, indemnify, and be counseled may designate another DSA member who is available to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsattend.
Section 13.13 It is agreed reduction I. The employer will not initiate disciplinary action against an employee later than ninety (90) calendar days after the occurrence (or after the employer was aware of accrued vacation in lieu the occurrence) of suspension without pay is an effective the alleged infraction or violation of Departmental rules or regulations or of the Personnel Law. For the purpose of this Article, to initiate disciplinary action means to issue a written reprimand or to notify the employee of corrective disciplinethe intent to take some other form of disciplinary action. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism These time limits shall be offered apply to alleged infractions or violations which affect only the employer-employee relationship. They shall not apply to alleged violations or infractions which are also criminal violations nor to non-criminal violations which are related to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveactive criminal investigation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 27.1 The City reserves the right to Employer will not discipline or discharge any non-probationary Employee for permanent employee without just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City 27.2 Discipline includes oral and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without reductions in pay, suspensions, demotions, and discharges. Employees disciplined shall Oral reprimands will be given identified as such.
27.3 When disciplining an employee, the Employer will make a copy reasonable effort to protect the privacy of such the employee.
27.4 The Employer has the authority to conduct investigations.
A. Upon request, an employee has the right to a union representative at an investigatory interview called by the Employer, if the employee reasonably believes discipline could result. An employee may also have a union representative at a pre-disciplinary meeting. If the time such action requested representative is takennot reasonably available, the employee will select another representative who is available. This document shall include An employee seeking representation is responsible for contacting his or her their representative.
B. The role of the specific reasons for such discipline such as, approximate time union representative in regard to Employer-initiated investigations is to provide assistance and location, specific work rule or regulation violated, action of counsel to the employee and if appropriatenot interfere with the Employer’s right to conduct the investigation. Every effort will be made to cooperate in the investigation.
27.6 An employee placed on an alternate assignment during an investigation will not be prohibited from contacting his or her their union xxxxxxx unless there is a conflict of interest, recommend corrective action in which case the employee may contact another union xxxxxxx. This does not preclude the Employer from restricting an employee’s access to the EmployeeEmployer’s premises.
27.7 Prior to imposing discipline, except oral or written reprimands, the Employer will inform the employee and the union staff representative in writing of the reasons for the contemplated discipline and an explanation of the evidence, copies of written documents relied upon to take the action and the opportunity to view other evidence, if any. This information will be sent to the union staff representative on the same day it is provided to the employee. The employee will be provided an opportunity to respond either at a meeting scheduled by the Employer, or in writing if the employee prefers. A nonpre-probationary Employee shall have disciplinary meeting with the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateEmployer will be considered time worked.
Section 13.10 Pending 27.8 The Employer will provide an employee with fifteen (15) calendar days’ written notice prior to the effective date of a pre-action reduction in pay or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and demotion.
27.9 The Employer will normally place provide an employee with seven (7) calendar days’ written notice prior to the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length effective date of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Uniona discharge. If the Employee has been involved with a possible criminal offenseEmployer fails to provide seven (7) calendar days’ notice, the employee shall be placed on either authorized personal leave or leave without pay discharge will stand and the timeframes employee will be entitled to payment of salary for investigation and time the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited employee would otherwise have been scheduled to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvework had seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to Except for such reasons as reduction in operations or changes in service, discipline or and/or discharge any non-probationary Employee shall be only for just cause. Any such The Employer will maintain its present plan of progressive discipline which encourages informal counseling prior to formal discipline or discharge for just cause. Regularly scheduled employees who have satisfactorily completed the probationary period who are disciplined or discharged for just cause shall be subject entitled to utilize the Grievance or Appeals Procedure, as applicable. In provisions of the administration grievance procedure outlined in Article 5 of this ArticleAgreement. If just cause is not proved, all discipline personnel records shall be reasonably expedient, progressive in nature, based upon the circumstances cleared of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply reference to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meetingthis matter. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal representation upon request at all levels on any matter adversely affecting their conditions of employment. The Employer will apply the principle of corrective discipline which may include perfo1mance evaluations, verbal warning, written warning, suspension, and discharge for poor work performance, absenteeism and policy infractions. An investigation will be conducted prior to formal discipline or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leavedischarge for just cause. In cases where the Employee is on paid administrative leave, the Department The employee shall have sole authority the right to determine choose the length presence of paid administrative leave due a Union delegate during any disciplinary meeting, or investigatory meeting which may lead to investigation process considerations and/or upon receipt discipline. The Union will provide and regularly update its list of an extension request from the UnionUnion Delegates to Human Resources. If the Employee has been involved with a possible criminal offensedelegate of choice is not readily available, the employee will be asked to choose another Delegate who is available; All parties agree to make all reasonable efforts to meet, investigate, and to complete and provide any subsequent written notices for corrective action to the affected employee within twenty (20) calendar days from the date the Employer became aware of the event or incident or practice that gave rise to the discipline. The employee and delegate, if requested, will be notified of the purpose of the investigative corrective discipline meeting. The Employer will not be required to apply the foregoing in instances wherein the nature of the offense is such as to apply suspension or immediate discharge. Copies of such notices wil1 be provided to the employee on request at the time formal disciplinary action is taken or shortly thereafter. The employee shall be placed on either authorized personal leave requested to sign the written warning or leave without pay suspension to indicate that she/he has seen and comprehends the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part nature of the progressive disciplinary process regardless of similarityaction. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure Verbal and written warnings shall be removed from the Employee’s Human Resources Department file and the Employee’s official employee's personnel file within his/her departmentafter one ( 1) year if no further corrective action regarding similar matters is taken during such one (1) year period.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Service Unit Agreement
Discipline. Section 13.1 27.1 The City reserves the right to Employer will not discipline or discharge any non-probationary Employee for permanent employee without just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City 27.2 Discipline includes oral and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without reductions in pay, suspensions, demotions, and discharges. Employees disciplined shall Oral reprimands will be given identified as such.
27.3 When disciplining an employee, the Employer will make a copy reasonable effort to protect the privacy of such the employee.
27.4 The Employer has the authority to conduct investigations.
A. Upon request, an employee has the right to a union representative at an investigatory interview called by the Employer, if the employee reasonably believes discipline could result. An employee may also have a union representative at a pre-disciplinary meeting. If the time such action requested representative is takennot reasonably available, the employee will select another representative who is available. This document shall include An employee seeking representation is responsible for contacting his or her representative.
B. The role of the specific reasons for such discipline such as, approximate time union representative in regard to Employer-initiated investigations is to provide assistance and location, specific work rule or regulation violated, action of counsel to the employee and if appropriatenot interfere with the Employer’s right to conduct the investigation. Every effort will be made to cooperate in the investigation.
27.6 An employee placed on an alternate assignment during an investigation will not be prohibited from contacting his or her union xxxxxxx unless there is a conflict of interest, recommend corrective action in which case the employee may contact another union xxxxxxx. This does not preclude the Employer from restricting an employee’s access to the EmployeeEmployer’s premises.
27.7 Prior to imposing discipline, except oral or written reprimands, the Employer will inform the employee and the union staff representative in writing of the reasons for the contemplated discipline and an explanation of the evidence, copies of written documents relied upon to take the action and the opportunity to view other evidence, if any. This information will be sent to the union staff representative on the same day it is provided to the employee. The employee will be provided an opportunity to respond either at a meeting scheduled by the Employer, or in writing if the employee prefers. A nonpre-probationary Employee shall have disciplinary meeting with the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateEmployer will be considered time worked.
Section 13.10 Pending 27.8 The Employer will provide an employee with fifteen (15) calendar days’ written notice prior to the effective date of a pre-action reduction in pay or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and demotion.
27.9 The Employer will normally place provide an employee with seven (7) calendar days’ written notice prior to the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length effective date of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Uniona discharge. If the Employee has been involved with a possible criminal offenseEmployer fails to provide seven (7) calendar days’ notice, the employee shall be placed on either authorized personal leave or leave without pay discharge will stand and the timeframes employee will be entitled to payment of salary for investigation and time the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited employee would otherwise have been scheduled to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvework had seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 E7.01 The City reserves purpose of discipline is to maintain those standards of conduct and rules that are desirable or necessary in achieving the right to discipline goals and objectives of the organization.
E7.02 A disciplinary measure, in the form of an oral or discharge any non-probationary Employee written reprimand, suspension, financial penalty or termination shall be imposed on an employee for just cause.
E7.03 The Employer agrees that, prior to imposing discipline, the Employer will undertake an investigation, which includes meeting with the employee in order to provide the employee an opportunity to hear the issues or allegations. Any such discipline The Employer shall endeavor to obtain all other relevant information and shall interview other employees or discharge any witnesses as appropriate. The employee shall be subject have the opportunity to respond to the Grievance evidence or Appeals Procedureallegations from the investigation.
E7.04 When safety or security concerns exist or when his or her continued presence in the workplace could impede the conduct of the investigation, as applicablean employee may be suspended with pay pending conclusion of the investigation which action shall not be considered to constitute discipline within the meaning of this Article.
E7.05 The Employer shall advise the employee of the results of the investigation and should the Employer determine that disciplinary action is warranted, shall so inform the employee. In the administration case of this Articlean oral reprimand, all discipline the employee shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in informed verbally. In the case of termination)more severe discipline, the Employer shall provide the employee a written letter of discipline, at the time of the disciplinary action, stating the grounds on which a disciplinary measure is imposed. This principle An employee’s signature on the letter shall be considered to be an indication only that its contents have been read and shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing indicate concurrence with the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be statements contained on the subject of such grievancesform.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. E7.06 Employees have the right to not participate in such a meeting if management denies union representation during the investigation and continues to question the Employeedisciplinary process.
Section 13.4 For minor offenses by an Employee, management has a responsibility E7.07 The Employer agrees not to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used introduce as evidence in these a grievance hearings or appealsadjudication hearing relating to disciplinary action any document concerning the conduct or performance of an employee the existence of which the employee was not aware at the time of filing a grievance or within a reasonable time thereafter.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification E7.08 Notice of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to which may have been placed on the Employee within seven (7) calendar days personnel file of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process employee shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least destroyed after two (2) working days (or equivalent work hours) prior to a pre-years have elapsed since the disciplinary action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-was taken provided that no further disciplinary action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is takenhas been recorded during this period. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and period will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine automatically be extended by the length of paid administrative leave due to investigation process considerations and/or upon receipt any single period of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionin excess of six (6) months.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves All post-probationary employees will not be disciplined to the right to discipline extent of loss of pay or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to without first having the Grievance or Appeals Procedure, as applicable. In the administration benefit of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have hearing with a Union representative Shop Xxxxxxx present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall Such hearing will be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty ten (3010) calendar days from becoming aware the date of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated aboveprecise charge or charges unless the hearing date is otherwise extended by mutual written agreement between the parties. However, Management an employee may be suspended pending such hearing upon the authorization of the Personnel Manager or his designee. The employee will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified advised in writing of any pre-action hearing at least two (2) working days (the precise charge or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more not later than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at calendar days from the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation Company has knowledge of the incident is completed and will normally place upon which the Employee on paid administrative leavecharge or charges are based. In cases where the Employee is on paid administrative leaveCompany cannot place responsibility for the incident within the ten (10) day limit, the Department shall have sole authority ten (10) day period may be extended with written notice to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. Copies of the charges will be presented to the employee affected and the appropriate Shop Xxxxxxx. The employee will have the right to be present at any disciplinary hearing and have representatives of the Union also present. Such Union representative may be a Shop Xxxxxxx, Chief Shop Xxxxxxx, and other authorized representative of the Union. Normally, only one (1) Xxxxxxx or Chief Shop Xxxxxxx who works at the location at which the hearing will be conducted, may be present, on Company time, unless it is a discharge hearing. The employee will be permitted to hear the evidence against him and with his representative to question all witnesses and/or statements against him. A written decision will be made and copies furnished to the employee and the Union after the close of the hearing. If the Employee has been involved with a possible criminal offensedecision is not accepted by the employee and/or the Union, the employee shall be placed on either authorized personal leave or leave without pay may file a grievance within ten (10) calendar days of receipt of the Company decision directly at Step III. The General Chairperson and the timeframes for investigation Personnel Manager, N.A. may agree to waive consideration of the grievance at Step III and proceed to the System Board of Adjustment. Any agreement to proceed directly to the System Board of Adjustment must be in writing and signed by the General Chairperson and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. HoweverPersonnel Manager, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveN.A.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves A. Non-probationary bargaining unit members shall not be discharged or disciplined without just cause, which must be substantiated by a preponderance of evidence. Newly-hired probationary bargaining unit members do not have the right to discipline grieve termination.
B. Bargaining unit members may request the attendance of two (2) authorized representatives during an investigatory meeting with the member or discharge any during a meeting imposing discipline. (e.g., one (1) authorized bargaining unit representative and one (1) authorized non-probationary Employee for just cause. Any such discipline or discharge shall be subject to employee representative) at the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employeeemployee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesdetermination.
Section 13.2 The City and Union agree Employees C. Bargaining unit members shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conductcooperate in all investigations, when requested. This shall not preclude the rights of individual departments and managers Failure to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview cooperate may result in disciplinary action action.
Section 2: Investigations The parties recognize that from time to time the City must investigate allegations made against him or herbargaining unit members covered by this Agreement. In order to investigate allegations, the Employee has parties agree that if management needs to interview a bargaining unit member and the rightbargaining unit member reasonably believes that discipline may result; the investigation shall be conducted as follows:
A. Bargaining unit members subject to disciplinary investigations may berepresented by any individual of their choice, upon requestat the bargaining unit member’s expense, who may be present at all times during any meeting in which the bargaining unit member is being questioned relative to have alleged misconduct that could result in disciplinary action. The representative(s) chosen must be available within twenty-four (24) hours of the scheduled meeting, or the bargaining unit member must choose another representative or proceed without a Union representative presentrepresentative. The above-mentioned timeframes may be extended by mutual agreement in writing.
B. Prior to questioning, the bargaining unit member and his representative(s), if any, shall be provided copies of a written complaint as well as any statements or recordings concerning the allegation(s) or complaint(s). Management shall document verbal complaints and provide the bargaining unit member a copy, prior to initiating an investigation.
C. Within fifteen (15) calendar days after completion of the investigation, the person responsible for conducting the investigation shall issue a written report to the Human Resources Director documenting the facts discovered during the investigation. Upon receipt, the Human Resources Department shall provide a copy to the FOPE.
D. The report will reflect whether or not the bargaining unit member should receive instruction and cautioning, or whether or not there is just cause for disciplinary action. If the Department Head concludes that just cause exists for disciplinary action, the Department Head or their designee shall prepare a Notice of Intent to Discipline.
E. Bargaining unit members relieved from duty during an investigation shall be placed on paid Administrative Leave, except for circumstances outlined in Article 9, Section 8.
F. No bargaining unit member shall be required to submit to any device that is designed to measure truthfulness.
G. Whenever a bargaining unit member is called to provide testimony in an investigation, that time shall be considered time worked for the purpose of computing overtime. Management is not required compelled to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in conduct any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) investigation prior to a pre-action hearing instruction and five (5) working days (cautioning or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officerinitiating disciplinary action.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves Documents related to disciplinary measures
22.01 Notice of disciplinary action which may have been placed on the right to discipline or discharge any file of that employee shall be destroyed after two (2) years have elapsed since the disciplinary action took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period.
22.02 Any disciplinary record in the employee’s file of which he/she was not made aware at the time it was placed there shall be declared null and non-probationary Employee for just cause. existent.
22.03 The Employer will withdraw from the employee's file and destroy, without delay, any document of a disciplinary nature which has been proven to be ill-founded, in whole or in part.
22.04 Any such discipline or discharge shall be subject disciplinary action is communicated to the Grievance or Appeals Procedure, as applicableconcerned employee in a written notice with copy to the union. In This disciplinary notice describes the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense disciplinary action and the Employee’s performance recordreasons explaining it. Only disciplinary actions submitted in writing to the employee and the union, in accordance with this article, may be submitted as evidence during an arbitration and be corrective rather than punitive (except placed in employee’s file. Except in the case of termination). This principle shall not apply to deliberate or a serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesoffence, probationary Employees have no due process or property rights in their positions until a suspension only becomes effective after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (following receipt of the disciplinary action by the employee.
22.05 Where written departmental standards of discipline are developed or equivalent work hours) prior amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.
22.06 A written reprimand, a pre-action hearing and five (5) working days (suspension or equivalent work hours) prior to a pre-termination hearingdismissal are disciplinary measures that may be applied depending on the severity or the frequency of the alleged offence. The written notification Employer will not take disciplinary actions without sufficient and just cause for which he has the burden of hearings shall include: 1) general information concerning proof.
22.07 At any administrative inquiry, hearing or investigation conducted by the alleged offense(s)Employer, 2) where the work rule(s) violated (if any), 3) actions of an employee may have had a bearing on the policy events or procedure(s) violated (if any), 4) the time, date and place of hearingcircumstances leading thereto, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up required to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline appear at the time such action is takenadministrative inquiry, hearing or investigation being conducted, he/she may be accompanied by a union representative. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offenseWhere practicable, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part receive a minimum of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) yearsworking days’ notice of such administrative inquiry, except in cases involving unusually serious offenses including but hearing or investigation being conducted as well as its purpose. The unavailability of the union representative will not limited to allegations of discrimination delay the inquiry, hearing or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed investigation more than forty-eight (48) hours from the Employee’s Human Resources Department file and time of notification to the Employee’s official personnel file within employee.
22.08 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning him/her, the employee is entitled to have, at his/her departmentrequest, a union representative attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such a meeting as well as its purpose.
Section 13.12 Employees 22.09 Subject to the Access to Information Act and Privacy Act, the Employer shall be allowed provide the employee access to review and copy contents the information used during the disciplinary investigation.
22.10 The Employer agrees to introduce, at least one month in advance of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards a hearing relating to disciplinary action, any document concerning the conduct or other Union representatives shall also be allowed to review and copy the contents performance of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that employee the Employee releases the Employer from all liability regarding the disclosure existence of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, employee was not aware at the sole discretion time of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvefiling.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline Employees shall receive a copy of any verbal, written, or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject disciplinary letters that are placed on their file, with a copy to the Grievance or Appeals Procedure, as applicableUnion. In the administration of this Article, all discipline Such letters shall be reasonably expedient, progressive in nature, based upon the circumstances become part of the offense and employee's work history. When the Employee’s performance recordEmployer schedules a meeting with the employee in this regard, and be corrective rather than punitive (except in the case of termination)Employer shall ensure that a Shop Xxxxxxx or alternate is present at such meeting. This principle Verbal, or disciplinary letters shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules used for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of compounding discipline after one (1) year. If a re-occurrence of the meeting and be given reasonable time same or similar infraction exists within said year, progressive discipline may apply. Where the Union requires an explanation of reasons for discipline, hours of work, seniority, the Employer agrees to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees promptly supply same within thirty ten (3010) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered request, either verbally or in writing to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationUnion. Upon Management providing Employees covered by this Agreement will have access to their personnel file upon written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen request by the Employee, present employee involved during normal office hours. Any document or discipline that is to be included in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent an employee's work hours) prior file must have been brought to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative employee's attention at the hearingtime the incident occurred, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for but no more later than ten (10) minutes prior days from each occurrence, or from the day of discovery of the violation. In the event the Employer requests any Bargaining Unit employee to undergo a Polygraph Examination (lie detector) or similar mechanical or physicaltest for any reason, the hearing officer Employer shall first notify the Union affected to arrange a meeting with management representativesthe employee, Union Representative, and the Employer, to discuss the test. Hearings The Employer shall clearly state that the examination is voluntary, and that there shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of no adverse consequence should the employee and if appropriate, recommend corrective action to decline the Employeerequested Polygraph Examination. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the The employee shall be placed on either authorized personal leave or leave without pay entitled to Union representation prior to and after the timeframes for investigation and test, as well, the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees Union Representative shall be allowed to review and copy contents accompany the said employee to the location of his/her Human Resources personnel file under appropriate supervision and with reasonable advance noticethe examination, however the Union Representative may not participate in the actual examination. Stewards or other Union representatives shall also be allowed Employees covered by this Agreement, who voluntarily agree to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include participate in a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an EmployeePolygraph Examination, shall be considered provided with a suspension without pay list of questions to be asked during the polygraph, prior to the actual Polygraph Examination. Anonymous calls to the Company shall not be grounds for purposes of progressive discipline, warning letters, etc. An Employee who commits a non-absentee offense for which the Employee could Nothing will be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction retained in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvean employee's personnel file in this regard.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves 34.01 Any employee who is suspended or dismissed shall be provided with written notification within five (5) days of any oral notification which shall state the right to discipline reasons for suspension or discharge any non-probationary Employee for just cause. Any such discipline or discharge dismissal.
34.02 All dismissals, suspensions and other disciplinary action shall be subject to formal grievance procedure as outlined in Article 8, if the Grievance employee desires.
34.03 The parties agree with the principle that employees should be made aware of dissatisfaction concerning their work performance that may affect their standing or Appeals Procedureadvancement with the Employer, as applicableand that employees would not be disciplined for anything that they were not informed or made aware of when the dissatisfaction was noted.
(a) In the event that an investigation is warranted, the Employer shall make every reasonable effort to complete its investigation within fifteen (15) days. In the administration event that more time is required the Employer may request an extension to these time limits from the union, and such request will not be unreasonably denied.
(b) In situations where the Employer is unable to investigate the matter to its satisfaction, but feels the employee should be removed from their place of this Articleemployment, all discipline it shall be reasonably expedientwith pay.
34.05 Where the Employer notifies an employee in writing of any dissatisfaction concerning their work or otherwise, progressive in naturewhich may affect the employee's standing with the Employer, based upon the circumstances such notification shall be given within five (5) days of the offense and occurrence or upon completion of an investigation of the Employee’s performance recordevent. If this procedure is not followed, and be corrective rather than punitive (except in the case such expression of termination). This principle dissatisfaction shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in become part of their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesrecord for use against them at any time.
Section 13.2 The City and Union agree Employees shall 34.06 When employees are required to attend a meeting where discipline is to be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers imposed, such employees are entitled to set forth specific rules or manners of operating have, at their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative presentof the Association in attendance. Management is not required to The Employer shall inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeethis right.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 (a) The City reserves the right to discipline Company may suspend or discharge dismiss any non-probationary Employee employee, for just and reasonable cause, by written notice. Any If such discipline or discharge shall be subject to the Grievance or Appeals Procedureemployee believes that he has been unfairly treated, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which he may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days from the date of completion being suspended from duty or dismissed, seek settlement of a final pre-action or pre-termination hearing resulting the matter through the grievance procedure as set forth in discipline or termination. Upon Management providing written notice of a delay Article 5 Grievance Procedure, commencing at the step in the process stated above, Management will be given additional timegrievance procedure which involves the level of management from whom the notice was originally issued. The written notice shall provide Union may initiate any grievance of suspensions or terminations at Step Three of the Employee with Grievance Procedure. Failure of an estimated date when employee to seek settlement of his case within the process shall be completedsaid 7-day period will cancel any claim unless it is shown that he was prevented from seeking settlement through illness or accident or other reasons acceptable to the Company.
(b) This Section 13.6 Employees shall be given only apply to employees who have passed through the opportunity to have a Union Xxxxxxx or representativeprobationary period as set out in this Agreement.
(c) In case of disciplinary action, chosen by the Employee, present in any disciplinary hearing. Employees employees shall be notified in writing within twelve (12) days of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification the date the Company becomes aware of hearings shall include: 1) general information concerning the alleged offense(s)offence. Disciplinary action, 2if taken, must be given within twenty-one (21) days of the work rule(sdate the Company becomes aware of the alleged offence. No immediate suspension will be made without a thorough investigation.
(d) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) Any member called to appear before Company officials shall have the right to have a Union Xxxxxxx or representative at accompany him if he so desires, and the Company shall advise the affected employee of this right.
(i) The employer shall not introduce as evidence in a hearing, 6) any document from an employee's file, the name existence of which the hearing officeremployee was not aware of.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the (ii) An employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of any disciplinary documentation placed on the employee's file and may request that rebuttal comments relating to the documentation be added to the file. Should an employee wish to dispute any entry in the file he shall be entitled to such discipline at recourse through the time such action is takengrievance procedure. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action When disputes are resolved in favour of the employee and if appropriateemployee, recommend corrective action the employer shall remove all references to the Employeedocumentation from the employee's file.
(iii) An employee may upon request inspect the contents of his personnel file. A non-probationary Employee Any document therein may be copied. The Union, with the written consent of the employee, shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review inspect and copy the contents of the employee’s personnel file.
(iv) Any disciplinary documentation placed in an Employee’s Human Resources personnel employee's file with datedshall not be considered after a period of eighteen (18) months from the date it was placed in the file, written authorization from such Employeeprovided that there has been no further documentation relating to the same specific issue. The written authorization Note: For the purposes of this Article, the term "shall include a statement not be considered" shall mean that the Employee releases document will not be used for progressive discipline once it has passed the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordstime line without a recurrence.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 36.01 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject Employer, where possible, will provide advance notice to the Grievance or Appeals Procedure, as applicable. In Union of any meeting with an employee where the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to Human Resources department is investigating an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief issue that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Recorddiscipline. It is understood informal counseling sessions occur from time that the Union will not impede the Employer’s ability to time ascertain the facts. When an employee is called to a meeting by the Employer where discipline or discharge will be imposed, the employee will have a Union Xxxxxxx present. In the event of discipline, the interview will not proceed until a Union Representative is present and this provision is mandatory. Notwithstanding the above, this shall not cause undue delay.
36.02 Where an employee maintains a discipline free record for a period of twelve (12) months, all records of discipline will not be relied upon in future discipline.
36.03 Where a dismissal is for theft or attempted theft, embezzlement, other fraudulent actions (whether involving the Employer, co-workers, customers), the Employer shall be required to establish that the employee committed the offence and will need to do so on the basis of there being clear and cogent evidence. If it is established that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitrator shall have no power to alter or substitute the penalty.
36.04 In discussions with the Union, the Employer may impose a disciplinary penalty short of discharge for an offence in 36.03 in light of the specific circumstances of the case and such penalty shall also not be subject to an Arbitrator’s discretion. The imposition of such lesser penalty in one case shall not operate as a limit to management's discretion to impose the penalty of discharge in another case.
36.05 All discipline will be accompanied by a written record of discipline or discharge issued to an employee. Coach and counsels and other daily supervisory corrections, which may or may not result in notes being maintained and/or placed in an employee’s file, are not disciplinary and may not be documented grieved. These will be admissible at hearings to demonstrate an awareness and understanding of the Employer’s expectations and for no other purpose.
36.06 In circumstances where discipline is being grieved, the Employer will permit the affected employee to review, at Step 2, any video recording which the Employer intends to rely upon as evidence. This will be subject to any AGCO approvals or requirements as to the procedure to be followed for such review. The Union will be provided with the Surveillance Report so as to discuss the video content and will return the Report to the Employer at the conclusion of the Step 2 meeting. Videos and reports will only otherwise be produced in any mannerresponse to a production Order by an Arbitrator properly seized with the grievance.
36.07 It is understood that given the nature of the workplace, suspensions pending investigation may be required for potential regulatory, law enforcement or statutory violations. Where such a situation occurs, the Employer will act to quickly conclude the investigation. Where an Employee Counseling Records is being removed from the workplace under this Article, a Union Representative will be notified as soon as possible. Employer initiated investigatory regulatory suspensions shall not exceed seven (7) calendar days, after which time the employee will be placed in paid even if they are requested to remain away from work. If a suspension is extended because of the employee’s official Human Resources Department fileinvestigation of a regulatory or law enforcement agency, such longer period shall be without pay. However, should an Employee grieve or appeal any employment action in An Arbitrator may order that the future, counseling records may be used as evidence in these grievance hearings or appealsemployee receive pay for this period where appropriate.
Section 13.5 Management shall make 36.08 In order to ensure that discipline is issued in a good faith effort timely manner, it is to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee given within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given incident was first brought to the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name attention of the hearing officerEmployer, unless it is resulting from an incident being investigated by a law enforcement or regulatory agency or unless otherwise agreed to. Requests for extensions will not be unreasonably denied.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves 10.01 When an employee covered by this Agreement is called to the right office to be interviewed concerning any matter which might reasonably be anticipated to result in the discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and employee, he/she may be accompanied by a member of the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of hisExecutive if he/her witness rights; it is the Employee’s responsibility to know and request Union representationshe so desires. The Union representative shall be told the purpose available within a reasonable period of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeetime.
Section 13.4 For minor offenses by (a) In the event an Employeeemployee who has attained seniority is discharged from employment and the employee feels that an injustice has been done, management the case may be taken up as a grievance.
(b) Notwithstanding 10.02
(a) an employee who has not attained seniority may be discharged and a responsibility to discuss lesser standard of just cause will apply.
10.03 All such matter with the employee. Counseling of this type cases shall be held in private between the Employee taken up within five (5) days and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification disposed of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days (or such longer period as may be mutually agreed upon) of completion the date the employee is notified of the discharge, except where a final pre-action or pre-termination hearing resulting in discipline or terminationcase is taken to Arbitration. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with A claim by an estimated date when the process employee that he/she has been unjustly discharged shall be completed.
Section 13.6 Employees shall be given treated as a grievance, as defined by Article 10.02, if a written statement of such grievance is lodged with the opportunity Manager of Employee Services within ten (10) days after the employee ceases to have a Union Xxxxxxx work for the Employer, or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be is notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) the termination, whichever is later. All steps of the Grievance Procedure prior to a pre-Step 3 may be omitted in such cases.
10.04 Such special grievances may be settled by confirming the Employer's action hearing in dismissing the employee, or by reinstating the employee with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration, as the case may be.
10.05 All documentation with respect to discipline will be removed from an employee's file after five (5) working days years from the date the discipline was taken providing that:
(or equivalent work hoursa) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning there has been no further disciplinary action taken against the alleged offense(s), 2employee for any infraction; and
(b) the work rule(s) violated discipline was not a suspension of three (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee days; and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 1. It is agreed that the Company's Rules appearing in this Article are a part of this Agreement and are binding upon the parties and employees.
Section 2. The City reserves parties anticipate that employees will be disciplined and/or discharged in accordance with this Article and that discipline, including discharge may arise for conduct or infractions which are not specifically noted.
Section 3. A copy of any written discipline given to employees shall be provided to the Employee and the Union. The Union's copy shall be received within three (3) working days. A Shop Xxxxxxx shall be permitted to be present in any disciplinary interview conducted by the Company if the Employee requests the Xxxxxxx to be present. Such right shall not include a discharge meeting. The appropriate Shop Xxxxxxx shall be notified of any disciplinary meeting at which an Employee is to discipline be discharged, and shall be permitted to meet with the Craft Supervisor and/or Craft Manager or his designated representative prior to such discharge any nonmeeting, at which time the basis of the discharge and a copy of the Notice of Discharge shall be provided to the Shop Xxxxxxx. The Shop Xxxxxxx shall be permitted to meet with the Employee following the discharge meeting prior to the Employee leaving the premises if the Employee requests to meet with a Xxxxxxx. This Section shall not require the Craft Manager to meet with the Union Xxxxxxx and aggrieved at the time of the discharge to discuss settlement of the matter.
Section 4. Except for offenses which justify immediate suspension or discharge, Employees shall be disciplined in a progressive manner, as follows:
Step 1 - Written Warning Step 2 - Written Warning Step 3 - 3-probationary Day Suspension Step 4 - 5-Day Suspension Step 5 - Discharge It is not the intention of the parties that an Employee for just cause. Any such discipline or discharge shall be subject to the Grievance progressive discipline for violation of each individual rule. Discipline shall accumulate for violation of any rule, except that discipline based upon tardiness, absenteeism, and positive tests for drugs or Appeals Procedure, as applicable. In the administration alcohol shall be undertaken in coordination and in accordance with other provisions of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesAgreement.
Section 13.2 5. The City and Union agree Employees following offenses shall be treated as consistently as possible as concerns the application of cause for discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvenoted below:
Appears in 1 contract
Samples: Collective Bargaining Agreement (United States Marine Repair Inc)
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable.
8.1 In the administration event of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion a suspension or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to may file a grievance and have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer processed in accordance with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort 8.2 In the event of any reprimand of record to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to any Employee covered by this Agreement, the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined involved shall be given a copy of such discipline at the time such action is taken. This document reprimand as well as a copy of any documents which are placed in any file maintained by the employer for personnel or other purposes, and shall include be given an opportunity to present a written statement of position to the specific reasons for such discipline such as, approximate time employer and location, specific work rule or regulation violated, action to have same placed in the Employee’s personnel file.
8.3 From the effective date of the employee Agreement, no entries subsequent to employment pertaining to job performance shall be placed in an Employee’s file without his/her knowledge and if appropriatehis/her right of reply. When an Employee exercises their right of reply, recommend corrective action to the reply shall be placed in the Employee. A non-probationary Employee ’s file.
8.4 Employees shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under UNION representation at any conference regarding allegations of misconduct. Disciplinary action taken by the administrative grievance procedure provided within Section 400 BOARD shall remain confidential, except for BOARD resolutions regarding termination of employment.
8.5 An Employee not performing his/her duties satisfactorily shall be notified by the District of the Personnel Policies reason(s) for his/her deficiencies. The Employee shall be given an opportunity to respond either verbally or in writing prior to disciplinary action and Procedure Manual, as appropriate.
Section 13.10 Pending may have a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the UnionUNION representative present at any meeting. If the Employee’s performance conduct is not remediable, he/she may be dismissed. Discipline shall generally be progressive and corrective in nature except upon the commission of serious misconduct. No Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave confronted or leave without pay disciplined in the presence of other employees, students, or the public, except for an Employee’s UNION representative. Progressive and the timeframes for investigation and the pay status determination corrective discipline shall be solely at management’s discretion.include:
Section 13.11 It is understood that previous disciplinary issues shall be considered part A. Documented verbal warning(s) or reprimand(s) with copies of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered documentation given to the Employee and placed in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file personnel file;
B. Written warning(s) or reprimand(s) with copies of the warning given to the affected Employee and placed in the Employee’s official personnel file within his/her department.file; and
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and C. Suspension with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion . A higher level of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction discipline including termination may be imposed during any twelvefor serious misconduct. Serious misconduct includes but is not limited to: theft, insubordination, physical violence in the workplace, sexual misconduct in the workplace, possession of firearms, weapons, illegal drugs or alcohol in the workplace or being convicted of a felony.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable
8.1. In the administration event of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion a suspension or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to may file a grievance and have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer processed in accordance with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort 8.2. In the event of any reprimand of record to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to any Employee covered by this Agreement, the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined involved shall be given a copy of such discipline at the time such action is takenreprimand as well as a copy of any documents which are placed in any file maintained by the DISTRICT for personnel or other purposes, and shall be given an opportunity to present a written statement of position to the DISTRICT and to have same placed in the Employee’s personnel file.
8.3. This document shall include From the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action effective date of the employee Agreement, no entries subsequent to employment pertaining to job performance shall be placed in an Employee’s file without his/her knowledge and if appropriatehis/her right of reply. When an Employee exercises their right of reply, recommend corrective action to the reply shall be placed in the Employee’s file.
8.4. A non-probationary Employee Employees shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under UNION representation at any conference regarding allegations of misconduct. Disciplinary action taken by the administrative grievance procedure provided within Section 400 BOARD shall remain confidential, except for BOARD resolutions regarding termination of employment.
8.5. An Employee not performing his/her duties satisfactorily shall be notified by the DISTRICT of the Personnel Policies reason(s) for his/her deficiencies. The Employee shall be given an opportunity to respond either verbally or in writing prior to disciplinary action and Procedure Manual, as appropriate.
Section 13.10 Pending may have a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the UnionUNION representative present at any meeting. If the Employee’s performance conduct is not remediable, he/she may be dismissed. Discipline shall generally be progressive and corrective in nature except upon the commission of serious misconduct. No Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave confronted or leave without pay disciplined in the presence of other employees, students, or the public, except for an Employee’s UNION representative. Progressive and the timeframes for investigation and the pay status determination corrective discipline shall be solely at management’s discretion.include:
Section 13.11 It is understood that previous disciplinary issues shall be considered part A. Documented verbal warning(s) or reprimand(s) with copies of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered documentation given to the Employee and placed in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file personnel file;
B. Written warning(s) or reprimand(s) with copies of the warning given to the affected Employee and placed in the Employee’s official personnel file within his/her department.file; and
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and C. Suspension with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion . A higher level of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction discipline including termination may be imposed during any twelvefor serious misconduct. Serious misconduct includes but is not limited to: theft, insubordination, physical violence in the workplace, sexual misconduct in the workplace, possession of firearms, weapons, illegal drugs or alcohol in the workplace or being convicted of a felony.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves the right to discipline 10.01 Whenever a written work infraction is issued, or whenever a recommendation is made for suspension or discharge of any non-probationary Employee for just cause. Any such discipline or discharge employee, a copy of the work infraction report shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee delivered within seven (7) calendar days of completion the occasion giving rise to the work infraction report, or the date on which the Corporation becomes aware of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay the occasion, to the employee in the process stated abovepresence of the Union Xxxxxxx who shall also receive a copy of the said report; provided however, Management will be given additional time. The written notice shall provide that where the Employee with an estimated date when employee is not at work and it is not possible to deliver the process infraction personally to him, such infraction report shall be completedsent to the employee by certified mail kit, registered mail, or telegram and a copy shall be delivered to the Union Xxxxxxx.
Section 13.6 Employees 10.02 The Parties agree that the Executive Director or designate has the right to suspend or discharge an employee, subject to the grievance process.
10.03 In the case of discharge or suspension, representatives of the Union and the individual if deemed necessary by the Union shall have the opportunity of meeting with the Director of Human Resources or designate to attempt to resolve the problem before going to grievance procedure at the Chief Administrative Officer or Acting Chief Administrative Officer‟s level.
10.04 In cases of suspension or discharge, the grievance procedure shall commence at the Chief Administrative Officer or Acting Chief Administrative Officer level and any grievance shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and delivered within five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name after delivery of the infraction report. At the hearing officer.
Section 13.7 Notice before the Chief Administrative Officer or Acting Chief Administrative Officer in cases of a pre-action hearing means discharge or suspension, the Corporation shall firstly present its arguments and evidence in support of its recommendation and the Union shall be privileged to present its arguments and evidence in reply as it considers necessary. Thereafter the grievance shall proceed in the same manner as any other grievance under Article 9. It is agreed that the Employee is being considered for discipline involving whenever a suspension without pay or demotion is imposed it will not be put into effect until the grievance procedure as a possible outcome of the hearing. Notice of a pre-termination hearing means set out in Article 9.01A and 9.01B is exhausted, provided that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee Management shall have the right at any time to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request remove any employee from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentjob for reason of safety to himself or other and/or to prevent damage to equipment.
Section 13.12 Employees 10.05 In imposing discipline on a current charge, the Corporation shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for not take into account any legal proceeding arising from the disclosure of these recordsinfraction which occurred more than thirty (30) months previously.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right 11.01 Employees and supervisors are encouraged to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, have open discussions on matters of concern as applicable. In the administration a means of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesresolving potential conflict.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If 11.02 Whenever a supervisor deems it is necessary to interview meet with an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview employee on matters which may result in disciplinary action against him or heraction, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform supervisor shall advise the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable will provide sufficient time to confer with allow the Employee before employee the meetingoption of being accompanied by their shop xxxxxxx. Employees have the right to not participate in such The supervisor shall issue a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has written expression of dissatisfaction or a responsibility to discuss such matter with written notice of discipline concerning the employee. Counseling 's work within ten (10) working days of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered circumstances giving rise to the Employee within seven (7) calendar days of discipline, or upon completion of a final pre-action or pre-termination hearing resulting in discipline or terminationan investigation into the circumstances. Upon Management providing written notice of a delay in At the process stated aboveonset, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action the Union will be informed in writing as to the Employeeapproximate duration of the investigation. Any meetings concerning the forgoing will be conducted in private, giving due regard to the dignity of the employee. A non-probationary Employee copy of any letter or notice issued as a result of this procedure will be provided to CUPE Local 1880 Group Vice President(s) and the CUPE National Representative.
11.03 An employee shall have the right, upon reasonable notice, to have access to and review their personnel file and shall have the right to appeal or grieve such discipline as provided under Article 14 respond in writing to any document contained therein. The employee's written response shall become a part of this Agreement or under their permanent personnel record and will be produced at any time the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriatedocuments in contention are presented for consideration.
Section 13.10 Pending 11.04 Except for infractions in Performance Standard B or if there is a pre-action or pre-termination hearingrecurrence of incidents, the City may suspend an Employee until investigation record of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt discipline of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employeeemployee’s Human Resources Department personnel file after twenty-four (24) months of being free from any discipline being imposed. It is understood that medication errors after a period of twelve (12) clear months will be removed from the employees file and the Employee’s official personnel file within his/her departmentshall not be introduced as evidence.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice11.05 Wherever possible, the investigation process should take no longer than fifteen (15) working days. Stewards or other Union representatives shall also be allowed to review and copy In the contents of an Employee’s Human Resources personnel file with datedevent the investigation takes longer, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding will communicate directly with the disclosure of these recordsemployee and the Union. The Union agrees Any meetings concerning the forgoing will be conducted in private, giving due regards to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion dignity of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveemployee.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall Employees will be subject to the Grievance or Appeals Procedurenotified in writing, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the EmployeeUnion and the employee’s personnel file, of any work infraction within ten (10) working days of the incident giving rise to such work infraction or within ten (10) days of the date the Board becomes aware of the incident giving rise to such work infraction. The Employee may provide Employees who are suspended, discharged or otherwise disciplined will be given a written responseconfirmation, which shall be retained with a copy to the written Employee Counseling RecordUnion and the employee’s personnel file, within ten working days of the incident giving rise to such suspension, discharge or disciplinary action. It If this procedure is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records followed, such expression of dissatisfaction shall not become part of record for use against at any time. Any employee may make a written reply to the above-noted correspondence to the Superintendent of Human Resources and the Bargaining Unit President. Such reply will be placed in the employee’s official personnel file. The parties recognize the value of progressive discipline to be corrective in its application. The Board agrees that it will not use past suspensions, disciplinary actions, letters of reprimand and adverse reports against any employee for current infractions provided that such suspensions, disciplinary actions, letters of reprimand and adverse reports have occurred more than twenty-four (24) months from the current infractions and provided that the said employee has an unblemished record for the twenty-four (24) months immediately prior to the date of the current infraction. An employee may request in writing to have a letter removed from file after twenty-four (24) months if that employee has had no additional letters put in file since the date of the letter in question. Provided an employee provides twenty-four (24) hours notice to the Human Resources Department, an employee shall have the right, during normal business hours, to have access to review personnel file in the presence of a member of the Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve respond in writing to any document contained therein, such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 a reply becoming part of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending permanent record. An employee may be accompanied by a pre-action or pre-termination hearingUnion official when reviewing the file. Where a supervisor intends to meet with an employee for purposes that may result in disciplinary action, the City may suspend an Employee until investigation supervisor shall notify the employee in advance of the incident is completed and will normally place the Employee on paid administrative leavemeeting of right to Union representation. In cases where the Employee is on paid administrative leave, the Department shall Regardless of whether or not an employee decides to have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request a representative from the Union. If the Employee has been involved with a possible criminal offenseUnion present at meetings requested by Board supervisors, the no employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited requested to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include sign a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The facts pertaining to their own situation without a Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsXxxxxxx present.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 11.01 (a) Employees will be provided with a copy of all written reprimands or disciplinary notices which are to be entered in their records. In the right event that an employee is suspended or discharged, the Company will notify the Union in writing before the end of the next working day.
11.01 (b) A Union xxxxxxx or Union Representative shall be present (if available) at any meeting where the employee is subject to discipline or discharge any non-probationary Employee where the discussion will form part of the employee’s disciplinary record.
11.02 Discharge and/or discipline shall be for just cause. Any such discipline or discharge shall A claim by an employee that he has been unjustly discharged may be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances initiated at Step 3 of the offense and the Employee’s performance recordgrievance procedure, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject if a written statement of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it claim is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer lodged with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees Company within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (after the discharge action has been taken by the Company. However in the discharge of a probationary employee, the Company must only show that it did not act in a manner that was arbitrary, discriminatory or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning in bad faith.
11.03 Such special grievances may be settled by confirming the alleged offense(s)management’s action in dismissing the employee, 2) or by reinstating the work rule(s) violated (if any), 3) employee with full compensation for time lost or by any other arrangement which is just and equitable in the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name opinion of the hearing officerconferring parties, or of the Arbitrator.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension 11.04 When an employee has been dismissed or suspended without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that notice, the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal interview his xxxxxxx prior to leaving the premises, at a time and place designated by the Company, for the purpose of preparing a grievance.
11.05 All warnings or grieve such discipline as provided under Article 14 reprimands shall be rescinded after a period of this Agreement or under one (1) year from the administrative grievance procedure provided within Section 400 date of the Personnel Policies last recorded disciplinary action and Procedure Manual, as appropriatesuch notices shall not be used against the employee thereafter. Records of suspension will be retained in the employee’s file.
Section 13.10 Pending a pre-action or pre-termination hearing11.06 Where the Company suspends an employee indefinitely pending the completion of an investigation, the City may suspend an Employee until investigation Company shall render a final decision to the Union and the employee by the end of the incident 10th full working day of the suspension. If an extension is completed required past the 10th day, the union will be notified of the reason and will normally place not unreasonably deny the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionrequest.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves 20.01 Any disciplinary measure may give rise to a grievance, in accordance with the right to discipline or discharge any non-probationary Employee procedures provided for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration in Article 8 of this ArticleCollective Agreement.
20.02 It is forbidden for the Employer to apply any disciplinary, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate discriminatory or serious offenses which may lead other measure to an immediate demotion employee because she is pregnant. An employee who believes that her
(a) In all cases of disciplinary measures or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or hertermination, the Employee has the right, upon request, employee is entitled to have a Union representative present. Management present at the time the discipline or termination is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationgiven. The Union representative shall employee will be told the purpose informed of the meeting nature of the inquiry for which he is called and be given reasonable time to confer may, if he so wishes, consult with the Employee before Union xxxxxxx prior to the meeting. Employees have In cases of termination or suspension, the right to not participate in such Union representative will be the Unit Chairperson or a meeting if management denies union representation and continues to question xxxxxxx designated by the EmployeeUnit Chairperson.
Section 13.4 For minor offenses by (b) A disciplinary measure must be imposed within two (2) weeks of the date of the incident giving rise to the discipline, or the date at which the Employer became aware of the infraction, unless an Employeeextension is required and mutually agreed to.
20.04 The Employer shall remit a copy of such measure to the Unit Chairperson or designate and the Local Union President or designate within five (5) days thereof. In the event that an employee is to be discharged or suspended, management has a responsibility the Employer will meet with the employee and the Unit Chairperson, or designate, as soon as possible to discuss such matter with the employeeemployee the reason(s) for the discharge or suspension. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record The Local Union President or designate may be completed to document such counseling with present at this meeting. Any grievance arising from a copy provided to discharge or suspension will be handled at Step 2 of the Employee. The Employee may provide a written responsegrievance procedure.
20.05 Any disciplinary measure, which shall is cancelled following a decision made by the Employer or an arbitrator, must be retained with withdrawn from the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may employee's record and will not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment used to support disciplinary action in the future.
20.06 A suspension shall not interrupt an employee's continuous service unless the arbitrator decides otherwise.
20.07 Any disciplinary report pertaining to a bargaining unit employee sent by the Employer to any regulatory body, counseling records must be forwarded to the said employee and to the Union as quickly as possible in order to allow them to make the necessary representations, if applicable.
20.08 Any disciplinary report filed in an employee's record may not be used as evidence in these grievance hearings or appealsfor disciplinary purposes after a twelve (12) month period.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process 20.09 There shall be completed.
Section 13.6 Employees only one (1) employee personnel file and the employee shall be given the opportunity have access to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least review his file two (2) working days (times per year while an Operations Manager or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearinghis designate are available. The written notification of hearings employee shall include: 1) general also have access to information contained in MOER or any similar digital record system at this time. In the event a notation concerning a performance or professional conduct event is placed into MOER or any similar digital record system, the alleged offense(s), 2) notation must be brought to the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name attention of the hearing officer.
Section 13.7 Notice employee as soon as possible. The purpose of a pre-action hearing means that the Employee this provision is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded provide employees with the opportunity to meet privately with correct and address any performance issues.
20.10 If it is determined or agreed at any step of the hearing officer for no more than ten (10) minutes prior grievance procedure, including arbitration, that an employee has been disciplined unreasonably or unjustly or too severely, the Employer shall:
1. Rescind the penalty; or
2. Reduce the penalty to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated such lesser form as is considered just and equitable by the Human Resources Director parties or designee. Upon conclusion of by the hearing and Arbitrator as the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)case may be.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline 32.01 Any employee who is suspended or discharge any non-probationary Employee for just cause. Any such discipline or discharge dismissed shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-such suspension or dismissal be provided with written notification which shall state the reasons for the suspension or dismissal.
32.02 All dismissals, suspensions and other disciplinary action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedsubject to the formal Grievance Procedure as outlined in Article 8, if the employee so desires.
Section 13.6 Employees 32.03 The Employer shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified notify an employee in writing of any pre-action hearing dissatisfaction concerning his work within seven (7) calendar days of the event of the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his record for use against him at least two any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. This is not the official version.
32.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.
(2a) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings Employees shall include: 1) general information concerning have the alleged offense(s)right, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the at any time, date to have the assistance of a full time representative(s) of the Union on all matters relating to Employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their Supervisor and place of hearing, and 5such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Union Shop Xxxxxxx or representative at the hearing, 6) the name of the hearing officerpresent on all matters relating to Employer/employee relations.
Section 13.7 Notice of a pre-32.06 If, upon investigation, the Employer feels that disciplinary action hearing means that is necessary, such action shall be taken based on the Employee Collective Agreement. In situations where the Employer is being considered for discipline involving a suspension without pay or demotion as a possible outcome of unable to investigate the hearing. Notice of a pre-termination hearing means that matter to its satisfaction, but feels the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall should be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees place of employment, it shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordspay.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 25.01 The City reserves Union acknowledges it is the right of the Employer to suspend, discharge or otherwise discipline or discharge any non-probationary an Employee for just cause. Any The Employer agrees to use a process of progressive discipline.
(a) When an Employee is discharged, reprimanded or suspended, the Employer shall advise the Employee, in writing, of the reason(s) for the action taken at the time such discipline or discharge is imposed. A copy shall be subject submitted to the Grievance or Appeals Procedure, as applicableUnion at the same time. In the administration of this Article, all discipline The reason(s) given shall be reasonably expedient, progressive sufficiently specific that the
(b) If the Employee concerned wishes to respond they may do so in nature, based upon the circumstances writing and such response shall become part of the offense documentation and shall be attached to the EmployeeEmployer’s performance record, and letter of discipline. A copy of the response shall be corrective rather than punitive (except in forwarded to the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesUnion.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 (c) If it is necessary to interview an Employee is reported by the Employer to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or herher professional association, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees advised within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearingcalendar days. The written notification of hearings Employee shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given receive a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Unionreport. If the Employee has been involved with a possible criminal offenseis fully exonerated by the professional association, all reference to the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure matter shall be removed from the Employee’s Human Resources Department 's personnel file and the Employee’s official personnel file within his/her departmentdestroyed.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. (d) An Employee who commits a non-absentee offense for which is fully exonerated through recourse to the grievance procedure shall have all reference to the discipline removed from her personnel file.
(e) In case of discipline, in subsequent proceedings or arbitration hearings, evidence shall be limited to the grounds stated in the written discharge or discipline notice to the Employee and the Union unless the Employer could be suspended without pay, may, at not reasonably have been aware of additional grounds.
(a) The Employer shall advise the sole discretion Employee of their right to Union representation prior to the imposition of discipline. The Employer shall advise the Employee and the Local of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu Union prior to the commencement of suspension without pay, which, if accepted, the meeting as to the nature of the discussion. If requested the Union representative shall have time to meet with the Employee prior to the meeting with the Employer.
(b) A Union representative shall be considered present when the Employer is imposing discipline.
(c) Discipline shall only be imposed at a meeting held for such a purpose.
(a) The Employer shall inform an Employee if she is being investigated for an incident(s) that may result in discipline or referral to the professional association. Such information shall include the subject of the allegations and will be given as soon as possible and in any case prior to the completion of the investigation.
(b) If an Employee is suspended pending investigation, the Employer shall render its decision regarding discipline no later than fourteen (14) calendar days from the date of the suspension, except as otherwise agreed between the Employer and the Local. Where the suspension is without pay and investigations reveal that no discipline is warranted or that the discipline is less than the time spent on suspension, the Employee shall be paid for purposes time lost and be made whole in all respects.
(c) When the Employer is investigating any incident(s) that may result in discipline or referral to a Professional Association, the Employer shall advise, prior to the commencement of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvethe meeting, all witnesses who are SUN members as to the nature of the discussion and of their rights to Union representation.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves 16.1 In the right to discipline event an Employee is disciplined, suspended or discharge any non-probationary Employee discharged for just cause. Any other than irregular attendance, written notification of the action stating reasons for such discipline or discharge action shall be subject delivered to the Grievance or Appeals Procedure, as applicableEmployee within ten (10) working days of the occasion giving rise to the action. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon event the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply Employer requires additional time to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of complete an investigation, the Employer shall contact the Unit Vice President, Vice President and the Executive Administrator of CUPE Local 5167 with a written request for extension and reason for the extension. Such request for extension will not be unreasonably withheld. Absence due to vacation, sickness or any other reason by the Employee has a reasonable belief involved shall extend the ten (10) days referred to above by the number of absent days. For clarity, it is understood that the interview may Employer shall notify the Union of such extension. Where a Supervisor or other Employer representative intends to meet with an Employee:
(a) to discuss any issue where disciplinary action(s) will result against that Employee;
(b) to investigate matters which will result in disciplinary action against him or her, the Employee has the right, upon request, that Employee; or
(c) to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered issue discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by against the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 be accompanied by and represented by a Xxxxxxx. The Employer shall notify the Employee of this Agreement or under right and notify both the administrative grievance procedure provided within Section 400 Employee and the Union of the Personnel Policies time and Procedure Manual, as appropriateplace for the meeting.
Section 13.10 Pending 16.2 An Employee who maintains a pre-action clear record for a period of 15 months following his/her last warning or pre-termination hearingsuspension, shall have his/her record cleared at the City may suspend end of such period as it applies to warnings and suspensions for reasons other than irregular attendance.
16.3 Upon written request to the Human Resources Generalist, an Employee until investigation shall have access to his/her file during regular office hours in the presence of the incident is completed and will normally place the Human Resources Generalist or designate. The Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority the right to determine the length of paid administrative leave due respond in writing, to investigation process considerations and/or upon receipt of an extension request from the Unionany document contained herein. If the Employee has been involved with a possible criminal offense, the employee Such reply shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered become part of the progressive disciplinary process regardless permanent record. The Chairperson of similarity. However, disciplinary actions the Grievance Committee or designate shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited have access to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department 's file and provided that the Employee’s official personnel file within his/her department's written consent is received.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 An who is absent from his and has not informed employer, may after five (5) of such unauthorized absence, be considered to have abandoned his and shall be deemed to have resigned. All employees must comply with the approved and dress code as a condition of employment. Any subject to any level of discipline may be represented an attending Union representative. The City reserves County shall notify the right to discipline or discharge any nonUnion in writing forty-probationary Employee for eight (48) hours in advance of disciplinary hearing. No employee shall be disciplined without just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief event that the interview may result in County initiates formal disciplinary action against him or heran employee, that employee and the Employee has Union shall be informed at the right, upon request, same time in writing as to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationfor such action. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject correspondence to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which Union shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Union's mailbox at the Public Services Yard. An employee who has been wrongfully disciplined, demoted, suspended or discharged and who is later reinstated shall be compensated in full for any loss of wages or benefits which resulted thereby. Past disciplinary infractions shall be deemed void and removed from the employee’s official Human Resources Department file's file after twenty-four (24) months from the date of the of the discipline. HoweverPosting of New Positions When a position of a regular or temporary nature is to be filled, should an Employee grieve notice of the vacancy shall be posted within five (5) working days, on all bulletin boards for a minimum of one (1)week. Such notice will normally contain the following information: nature of position, qualifications, required knowledge and education, skills, shift, hours of work, experience, wage rate or appeal any employment action in range, consistent with the futurejob description. Where there are qualified Union candidates for a posted position, counseling records may their applications shall be used as evidence in these grievance hearings or appeals.
Section 13.5 Management considered first. Where qualified applicants have applied and a suitable candidate has been selected, the employer shall make appoint a good faith effort candidate to complete investigations into alleged offenses and to provide notification of hearing to Employees the position within thirty (30) calendar days from becoming aware of the alleged offenseclosure. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay Preference in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees filling of positions shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that County over all other persons, where the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome employee has the required skills and to perform the tasks of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearingposition.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 1. The City reserves Employer will discipline for cause only. Discipline will be one or more of the right following forms:
a. oral reprimand
b. written reprimand
c. suspension
d. demotion, or
e. discharge
Section 2. An Employee who is to discipline be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge any within 72 hours after the action has been taken. Suspension will set forth the time period for which the susper\sion shall be effective. Demotions will state the classification to which the Emplbyee is demoted. The Union shall be provided with a copy of such notice.
Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to becom� part of an Employee's personnel file shall be read and acknowledged by sign*ure of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Written reprimands will be purged from the Employee's personnel file and be of no effect 18 months after the date on which Employee acknowledged the reprimand.
A. Employees shall have the opportunity to request to have a representative present when a Xxxxxxx Warning is given prior to being questioned regarding a possible disciplinary action, or when the employee feels a non-probationary Employee for just cause. Any such discipline or discharge shall be subject Xxxxxxx discussion wit� a supervisor may lead to the Grievance or Appeals Procedure, as applicablediscipline. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rulesa non-Xxxxxxx discussiqn, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees if a representative is requested but cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found appear within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) hours, questioning may proceed.
Section 5. Employees may not be suspended without pay for more than sixty (60) working days (or equivalent work hours) prior to in any calendar year. Discharges will be preceded by a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officercalendar day suspension without pay.
Section 13.7 Notice of a pre-action hearing means that 6. Employees may examine their own individual personnel files at reasonable times under the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome direct supervision of the hearingEmployer. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome Union representatives may, upon invitation of the hearingEmployee, also examine the personnel files.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department7. An Employee must Grievances relating to this Article may be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, initiated by the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion in Step 4 of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any)grievance procedure.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Labor Agreement
Discipline. Section 13.1 30.01 The City reserves Employer will provide advance notice to the right Union of any meeting with an employee where the Employer is investigating an issue that may result in discipline for that employee. A Union Xxxxxxx or Committee Person will be able to attend this meeting. It is understood that the Union will not impede the Employer’s ability to ascertain the facts. When an employee is called to a meeting by the Employer where discipline or discharge any non-probationary Employee for just causewill be imposed, the employee will have a Union Xxxxxxx present. Any such In the event of discipline, the interview will not proceed until a Union Representative is present and this provision is mandatory. Where discipline or discharge is sent to an absent employee by letter rather than in person, the Union Representative will be provided with a copy of the letter.
30.02 A progressive disciplinary procedure will be followed as outlined below: Xxxxx 0 - Xxxxxxx Xxxxxxx Xxxxx 0 - Xxxxxxx Counsel Xxxxx 0 - Xxxxx/Xxxxxxx Xxxxxxx Xxxxx 0 - Xxxxxxxxxxx of Employment
(a) Where discipline is sent to an absent employee by letter rather than in person, the Unit Chair will be provided with a copy of the letter.
(b) Coach and counsels and other daily supervisory corrections, which may or may not result in notes being maintained and/or placed in an employee’s file, are not disciplinary and may not be grieved. These will be admissible at hearings only to demonstrate an awareness and understanding of the Employer’s expectations, provided they have been issued in the last twelve (12) months.
(c) It is noted that not all communications will start at the coach and counsel stage. For some offences, one or more of the corrective counseling steps may be skipped.
(d) If applicable, an employee’s signature on any disciplinary document does not constitute an acceptance of disciplinary measures, but only receipt of the written confirmation.
(a) Where an employee maintains a record free from discipline for a period of twelve (12) months, all records of discipline (save and except for serious misconduct or serious misconduct that has not been discounted for any, Company deemed, extenuating circumstances) will not be relied upon in future discipline. Discipline under the attendance management policy will be treated as a separate stream of discipline for the purposes of this provision except where the employee’s disciplinary record cumulatively is such that the attendance discipline is a culminating incident. All records of discipline (save and except for serious misconduct) that will not be relied upon in future discipline will be removed from the employee’s file after forty-eight (48) months.
(b) Serious misconduct includes but is not limited to:
(i) A breach of the Ontario Human Rights Code
(ii) Health and safety infractions threatening health
(iii) Violence, swearing or threats of violence directed at a customer, co-worker or supervisor or other insubordination.
30.05 Where a dismissal is for theft, attempted theft, embezzlement or any other fraudulent actions (whether involving the Employer, coworkers or customers), the Employer must establish that the employee committed the offence and will do so on the basis of clear and cogent evidence. If it is established to an Arbitrator’s satisfaction that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitration board shall have no power to alter or substitute the penalty. In discussions with the Union, the Employer may impose a disciplinary penalty short of discharge for an offence listed above, in light of the specific circumstances of the case and such penalty shall also not be subject to an Arbitrator’s discretion. The imposition of such a penalty in one case shall not operate as a limit to management’s discretion to impose the Grievance penalty of discharge in another case.
30.06 In circumstances where discipline results in a suspension or Appeals Proceduredismissal (or other discipline as may be agreed upon) being grieved, the Employer will permit the affected employee to review at the formal step meeting, any audio or video recording which the Employer intends to rely upon as applicableevidence. This will be subject to any AGCO approvals or requirements as to the procedure to be followed for such a review. A Union Representative, if there is one at the meeting, will be able to review the surveillance report and meet with the employee using the report as a reference. The report will be returned following the meeting.
30.07 In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or herinvestigative suspension, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees Employer will have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with suspend the employee, with pay. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling Such a suspension is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employeedisciplinary. The Employee may provide Union will be notified of all investigative suspensions at the time of issuance. Notwithstanding the foregoing, if such suspension is the result of action involving a written response, regulatory or law enforcement agency which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented results in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification investigation of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within more than seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated abovedays, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process such longer period shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves 42.01 Any employee who is suspended or dismissed shall within five (5) days of such suspension or dismissal, be provided with written notification which shall state the right to discipline reasons for the suspension or discharge any non-probationary Employee for just causedismissal. Any such discipline or discharge This is not the official version.
42.02 All dismissals, suspensions and other disciplinary action, shall be subject to formal grievance procedure as outlined in Article 12, if the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesemployee so desires.
Section 13.2 42.03 The City and Union agree Employees Employer shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview notify an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent dissatisfaction concerning his/her work hours) prior to a pre-action hearing and within five (5) working days of the occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This Clause shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer.
42.04 When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees are entitled to have, at their request, a representative of the Union attend the meeting.
(or equivalent work hoursa) prior to a pre-termination hearing. The written notification of hearings Employees shall include: 1) general information concerning have the alleged offense(s)right, 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the at any time, date to have the assistance of a full-time representative(s) of the Union on all matters relating to employer/employee relations. Union representatives shall have access to the Employer's premises in order to provide the required assistance. Employees involved in such discussion or investigation of grievance shall not absent themselves from work except with permission from their supervisor and place of hearing, and 5such permission will not be unreasonably withheld.
(b) Employees shall have the right to have a Union Shop Xxxxxxx or representative at the hearing, 6) the name of the hearing officerpresent on all matters relating to employer/employee relations.
Section 13.7 Notice of a pre-42.06 If, upon investigation, the Employer feels that disciplinary action hearing means that is necessary, such action shall be taken based on the Employee Collective Agreement. In situations where the Employer is being considered for discipline involving a suspension without pay or demotion as a possible outcome of unable to investigate the hearing. Notice of a pre-termination hearing means that matter to its satisfaction, but feels the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall should be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees place of employment, it shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordspay.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline 17.01 When an employee is suspended from duty or discharge any non-probationary Employee for just cause. Any such discipline terminated in accordance with paragraph 12(1)(c), (d) or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances (e) of the offense and Financial Administration Act, the Employee’s performance recordEmployer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination. **
17.02 When an employee is required to attend a meeting, and be corrective rather than punitive (except in the case purpose of termination). This principle shall not apply which is to deliberate conduct a disciplinary hearing concerning him or serious offenses which may lead her or to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file render a disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against decision concerning him or her, the Employee has the rightemployee is entitled to have, upon at his or her request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before Union attend the meeting. Employees have Where practicable, the right to not participate in such employee shall receive a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling minimum of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (notice of such a meeting.
17.03 At any administrative inquiry, hearing or equivalent work hours) prior to investigation conducted by the Employer, where the actions of an employee may have had a pre-action hearing and five (5) working days (bearing on the events or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearingcircumstances leading thereto, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up required to and including discharge as a possible outcome appear at
17.04 The Employer shall notify the local representative of the hearingUnion as soon as possible that such suspension, termination or financial penalty has occurred. Where a verbal or written reprimand has occurred, the Employer shall notify the local representative of the Union at the request of the employee.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded 17.05 When notification in writing is given to an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action employee that he or pre-termination hearing, the burden of proof shall be upon management to show just cause for she is the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offenseinvestigation, the employee shall be provided concurrently with a copy of the order convening the investigation.
17.06 Upon request, the Employer or the employee shall be provided the opportunity to tape record the interview.
17.07 Subject to the Access to Information and Privacy Act, the Employer shall provide the employee access to the information used during the disciplinary investigation.
17.08 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
17.09 Any document or written statement related to disciplinary action, which may have been placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination personnel file of an employee, shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only destroyed after two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific years have elapsed since the disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentwas taken, provided that no further disciplinary action has been recorded during this period.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 33.01 The City reserves Employer shall not discipline nor dismiss any employee who has completed their probationary period except for just cause.
33.02 Where practicable, prior to the imposition of any form of discipline or discharge, an employee shall be notified that the meeting is disciplinary and arrangements will be made to have a Shop Xxxxxxx of their choice and/or the Union Representative to attend. If either or both are unavailable within twenty-four (24) hours, the meeting will take place with an alternate shop xxxxxxx or other bargaining unit member of the employee’s choice. If the meeting is not disciplinary but to discuss work performance an employee has the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to request the Grievance or Appeals Procedure, as applicable. In the administration presence of this Articlea Shop Xxxxxxx.
33.03 Where practicable, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type meetings shall be held in private between and shall take place on the Employee Employer's premises.
33.04 The affected employee, the Shop Stewards, and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written responseUnion, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file and of any discharge notice that is given to the affected employee. The written notice of discipline or discharge shall include or be accompanied by the written reasons for taking such action. Any such notice of discipline and/or discharge shall be given to the affected employee and the Shop Xxxxxxx immediately and a copy of the discipline or discharge notice shall be provided to the Union within twenty-four (24) hours of the event via email. If the affected employee and/or Shop Xxxxxxx is not present at the time such action that the disciplinary or discharge notice is taken. This document issued, the Employer shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action send it via registered mail to the Employee. A non-probationary Employee shall have the right to appeal affected employee's current address on file or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateby email with confirmation via returned email.
Section 13.10 Pending 33.05 Where the Employer makes a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt formal written assessment of an extension request from the Union. If the Employee has been involved with a possible criminal offenseemployee's work performance, the employee shall be placed on either authorized personal leave or leave without pay entitled to receive a copy. The employee shall sign the assessment indicating only that they have read and understands the timeframes for investigation and contents. The employee may, within fourteen (14) calendar days of having received a copy of the pay status determination assessment, respond in writing to the assessment, which response shall be solely at management’s discretionpart of their record.
Section 13.11 It is understood that previous disciplinary issues 33.06 Employees covered by this Agreement shall be considered part of the progressive disciplinary process regardless of similarity. Howeverhave supervised access to their own personnel file, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed upon written request from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 employee involved. Employees shall be allowed able to review and copy contents obtain copies of his/her Human Resources items in their personnel file under appropriate supervision when requested. Any written, signed, and with reasonable advance noticedated responses to items in the file by the employee will be placed in their file. Stewards or other Union representatives Employees shall also be allowed to review and copy not remove any documents from the contents of an Employee’s Human Resources Employer file. The Employer shall maintain only one (1) personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsper employee.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves the right to discipline A. No employee shall be discharged or discharge any non-probationary Employee disciplined for just causereasons that are arbitrary or capricious except for those itinerants per memorandum of agreement attached. Any such discipline or Progressive discipline, i.e., a) reprimand, b) suspension, and c) discharge shall be subject to the Grievance or Appeals Procedure, as applicablegenerally apply. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances The severity of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview infraction may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee skipping of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose steps of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employeeprogressive discipline.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and B. Any employee who is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to teacher tenure laws of the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records State of Michigan shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be discharged without having been given the opportunity to have a Union Xxxxxxx hearing pursuant to the following procedure:
1. Any time an employee is to be discharged, the Board, or representativeits designee, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified furnish in writing of any pre-action hearing at least two (the specific reasons therefore;
2) working days (or equivalent work hours) prior to . The employee may request a pre-action hearing conference regarding said notice with his/her immediate supervisor and said conference shall take place within five (5) working days (or equivalent work hours) prior to a pre-termination hearingafter said request is made. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 have an association representative of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.his/her choosing present during said conference;
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union3. If the Employee has been involved with employee does not desire to have a possible criminal offenseconference, she/he may request the Superintendent to schedule a hearing concerning said discharge before the Board within twenty (20) days. Said hearing shall take place within fifteen (15) days from the date of said request, which is to be made in writing At said hearing the employee may be represented by counsel, may present witnesses or documents on their own behalf, and may cross examine the witnesses proceeded by the Board. Evidence at said hearing may be transcribed by any means which would accurately reduce the proceedings to a record which could be preserved, provided both the Board and the employee so agree. The employee may request that this hearing be public or kept private, at his/her option. Within ten (10) days from the date the Board concludes said hearing, the employee shall be placed on either authorized personal leave or leave without pay and notified of the timeframes for investigation and decision which shall likewise be in writing specifying the pay status determination reasons thereof The decision when made shall be solely based upon the evidence produced at management’s discretionsaid hearing.
Section 13.11 It is understood that previous disciplinary issues 4. The Board's decision shall be considered part reviewable by an arbitrator. Said arbitrator is to be selected in accordance with the rules of the progressive disciplinary process regardless American Arbitration Association, with the rules and practices of similaritysaid Association to govern said arbitration hearing. HoweverProvided, disciplinary actions shall normally be considered in future disciplinary reviews however, that any decision of the Board that has been subject to request for a maximum of only two review within thirty (230) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed days from the Employee’s Human Resources Department file and date of posting said decision in the Employee’s official personnel file within mail addressed to the employee at his/her department.
Section 13.12 Employees last known address shall be allowed to review final and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsconclusive.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Master Agreement
Discipline. Section 13.1 The City reserves the right to discipline 8.1 Employees may be disciplined or discharge any non-probationary Employee discharged for just causecause and with due process, in conformance with Sections 1.24.940 and 1.24.955 of the Official Code of the City of Tacoma. Any such The discipline will be based on the severity of offense and prior record of discipline. Employees have the option of either using this Discipline Procedure and the Grievance Procedure as applicable or discharge to submit issues to the Civil Service Board which shall be subject to dealt with in accordance with the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense Board’s Rules and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesProcedures.
Section 13.2 8.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the rightemployee, upon request, shall be entitled to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the present at any meeting and be given reasonable time to confer held with the Employee before the meeting. Employees have the right employer to not participate in such a meeting if management denies union representation and continues to question the Employeediscuss potential disciplinary action.
Section 13.4 For minor offenses by 8.3 If an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity employee wishes to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified , the employee must contact the individual identified in writing the Notice of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and Intent letter within five (5) working days (or equivalent work hours) prior to of delivery of the Notice of Intent letter.
Section 8.4 If requested by the employee, the employer shall hold a pre-termination disciplinary hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of At this hearing, and 5) the right employee will be given an opportunity to have a Union Xxxxxxx or representative at the hearing, 6) the name present his/her side of the issue. Oral warnings/reprimands, written warnings/reprimands, Notice of Performance Concerns (NPC’s) or any other actions that do not result in the loss of regular wages are not subject to the pre-disciplinary hearing officerprocess.
Section 13.7 Notice of a 8.5 No later than five (5) working days prior to the pre-action disciplinary hearing means that the Employee is being considered for employer shall make available to the employee and the employee’s Union representative, with the employee’s authorization, a copy of all documents relevant to the alleged violation the employer has in his/her possession.
Section 8.6 The employer may place an employee on paid administrative leave, when appropriate, pending the final decision as to the appropriate discipline involving a suspension without pay or demotion as a possible outcome of resulting from the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the disciplinary hearing.
Section 13.8 Discipline above 8.7 The employee and the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearingemployee’s Union representative, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officeremployee’s authorization, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal inspect the contents of the personnel file maintained by the Employer, as well as any files which were used as part of the disciplinary process.
Section 8.8 No disciplinary document may be placed in the personnel file without the employee having first been notified of said document and provided a copy. The employee shall be required to sign a written reprimand or grieve such discipline as provided under Article 14 other disciplinary action acknowledging that they have read the contents of this Agreement the document. An employee who disagrees with the content of any letter of reprimand added to the personnel file shall have the opportunity to place a rebuttal statement in the personnel file, which shall be signed by the employee. However, letters of reprimand shall not be subject to the grievance procedure.
Section 8.9 A suspension of three (3) days or more, a dismissal or a disciplinary reduction in rank or pay may be processed under the administrative grievance procedure provided within Section 400 for in Article 9 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation this Agreement. Suspensions of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but days or less are not limited subject to allegations Step 5 of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such EmployeeGrievance Procedure. The written authorization shall include filing of such a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, grievance shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion voluntary and irrevocable waiver of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveright to pursue the matter under the Civil Service procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Section 13.1 The City reserves 9.01 Employees whose behaviour is detrimental to the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge efficient and safe conduct of the Employer's business shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive disciplinary action.
9.02 The procedure in nature, based upon the circumstances disciplining an employee regardless of the offense and amount of time on the project shall be:
(A) Warn the employee in writing of the offence. Warning notice to be signed by the Employee’s performance record's Xxxxxxx and Job Xxxxxxx. Copy of warning notice mailed to the Union office.
(B) Any further offence calls for a suspension. The length of the suspension to be at Management's discretion but not to exceed one (1) week.
(C) Any offence after suspension, and employee may be corrective rather than punitive terminated.
(except in the case of termination). This principle D) Any warnings or suspensions for minor offences shall not apply to deliberate be considered in progressive discipline under Article 9.02 after twelve (12) months without any further warnings or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancessuspensions.
Section 13.2 (E) The City and Union agree Employees shall above warnings may not be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related applicable to the provision offences set out in Article 9.05 which call for dismissal of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses 9.03 Employees discharged shall be advised by the Employer of the cause for dismissal.
9.04 The Employer will notify the Union in writing of all disciplinary action taken against any employee subject to this Agreement.
9.05 Employees may be disciplined by the Employer for, but not limited to, the following listed offences:
1) All Employees must provide the Employee’s actual residence in a form satisfactory to the Employer. Any abuse or misrepresentation by the Employee in supplying this information may be subject to dismissal and the Employee may not be eligible for rehire. In addition, the Employer may receive address information from the Union.
2) Participation in an illegal strike or slow down may result in the dismissal of the Employee at the Employer’s discretion. The Employee shall not be eligible for rehire. The Employee shall not be forced to cross a legal picket line.
3) Leaving the work site by an Employee, management has Employee during the working hours without the permission from the Employer shall result in a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided warning to the Employee. Repetition of this offence shall result in a suspension of up to one (1) week. The third offence by the Employee may provide a written response, which result in the Employee’s dismissal. Rehire of the Employee shall be retained with at the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employeeEmployer’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsdiscretion.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty 4) Absence from the work site for one (301) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days without call in by the Employee or a valid excuse – written warning. Repetition of this offence shall result in up to one (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative week suspension at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at managementEmployer’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelveAfter three
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 24.01 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge Employer shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues discipline, refuse to question hire, or dismiss any employee for which the EmployeeEmployer can show just cause.
Section 13.4 For minor offenses 24.02 If the Employer fails to establish just cause for the discipline, failure to hire or dismissal of an employee, the Employer shall be responsible for reinstating any lost earnings that may have been sustained by an Employeethe affected employee.
24.03 Just cause" in this Agreement shall include, but not be limited to:
(a) Breach of any rules and regulations made by the Employer governing the duties and functions of the employees which are reasonably necessary for the conduct and management has a responsibility to discuss of the Employer's business insofar as such matter rules and regulations do not conflict with the employee. Counseling terms of this type shall be held in private between Agreement.
(b) Insubordination or failure to obey the Employee and instructions of their supervisor;
(c) Inability to perform job duties;
(d) Intoxication or being under the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed influence of drugs or other substances; or
(e) Criminal dishonesty in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsworkplace.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. 24.04 The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing and copies given to the employee involved within forty-eight (48) hours of any pre-all disciplinary action hearing at least two (2) working days (or equivalent work hours) prior to taken by the Employer. Forms of disciplinary action which may be imposed by the Employer include a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. verbal warning, written warning, suspension and/or dismissal depending on the severity of the behavior.
24.05 The written notification of hearings employee shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) be advised they have the right to have a Union Xxxxxxx or representative at Representative present during any discussion between the hearing, 6) the name of the hearing officerEmployer and employee regarding a matter for which discipline may be imposed.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. 24.06 An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave able to review their personnel file at any time mutually agreeable between the parties and may copy without pay charge any documents therein. The employee may respond in writing to any document and the timeframes for investigation and the pay status determination such reply shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered become part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official his personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy for the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion life of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelvedocuments.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 (a) A copy of any document placed on an employee’s personal file which might at any time be the basis for disciplinary action shall be removed from the personal file after the expiration of eighteen (18) months from the date it was placed in the employee’s personal file, providing another warning or reprimand relating to the same or similar offence has not been given within that period. The City reserves employee shall be responsible to see that any such document is removed.
(b) There shall be one official personal file, the right location of which shall be designated by the permanent head. An employee shall, after making an appointment with the Director of Regional Services, be permitted to discipline view his/her personal file at a mutually convenient time and may be accompanied by a representative of the Union if desired.
(c) A copy of any document placed on an employee’s official personal file which might at any time be the basis of disciplinary action, shall be supplied concurrently to the employee who shall acknowledge having received such document by signing the file copy. The employee’s signature does not necessarily indicate the employee agrees with the contents of the document.
12.02 The employee’s written reply to any such document shall become part of his/her personal file. This reply shall be removed from the file at the same time as the document referred to in Clause 12.01(a).
12.03 An employee may be disciplined or discharge any non-probationary Employee dismissed but only for just cause. Any such discipline employee who is suspended or discharge shall be subject to the Grievance or Appeals Proceduredismissed shall, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days of such suspension or dismissal, be provided with written particulars and reasons for the suspension or dismissal. For the purpose of this clause, working days refers to the working days of the organization and not the working days of the employee.
12.04 When a formal assessment of an employee’s performance is made, the employee concerned must be given an opportunity to acknowledge receipt of the assessment form in question. When as a result of this assessment, the performance of an employee is judged to have been unsatisfactory, the employee may present a grievance in accordance with Article 10.
12.05 When it is deemed necessary by the Employer to notify an employee in writing of any dissatisfaction concerning his/her work performance, it shall be done within fifteen (or equivalent work hours15) prior to a pre-termination hearingworking days of the occurrence. The written This notification shall include particulars of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any)performance which led to such dissatisfaction. If this procedure is not followed, 3) such expression of dissatisfaction shall not become a part of the policy employee’s record for use against him/her at any time.
12.06 The Employer agrees that discussions concerning an employee’s performance shall be conducted in private, with only the employee and those representatives of the Employer or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) Union who are directly involved to be present for these discussions.
12.07 Employees shall have the right to have a Union Shop Xxxxxxx or representative at the hearing, 6) the name Union Representative present when disciplinary action is being imposed.
12.08 A copy of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee employee’s job description shall be placed on either authorized personal leave or leave without pay and file.
12.09 If, upon investigation, the timeframes for investigation and the pay status determination Employer feels that disciplinary action is necessary, such action shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment taken based on other protected characteristicsthe Collective Agreement. Any documentation relating In situations where the Employer is unable to a specific disciplinary action overturned through either investigate the grievance or appeal procedure shall matter to its satisfaction, but feels the employee should be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees place of employment, it shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordspay.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Agreement
Discipline. Section 13.1 The City reserves 17.01 For the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure, as applicable. In the administration purposes of this Article, discipline is defined as a written warning or more serious discipline. A copy of notices of discipline will be given to the Plant Chairperson.
17.02 A Union Representative will be present during all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense warnings regarding disciplinary actions and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may when an investigation is being conducted that will likely lead to an immediate demotion or dischargedisciplinary action. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview When an Employee is called to discover information as part of an investigation, and the Employee has a reasonable belief that the disciplinary interview may result in disciplinary action against him by a Supervisor or herhis/her designate, the Employee has will be informed before the right, upon request, to have a Union representative present. Management is not required to inform the employee of interview and his/her witness rights; it Union Representative will be present and the interview will not proceed until the Union Representative is present.
17.03 All notices of discipline will be removed from Employee records after eighteen (18) months have elapsed since the Employee’s responsibility date of issue. An exception to know and request Union representation. The Union representative shall the above will be told any situation whereby the purpose notice of discipline represents a re-occurrence of a similar nature within the meeting and eighteen (18) month period, in which case the prior notice will be given reasonable time to confer with retained in the records.
17.04 An Employee before the meeting. Employees who is dismissed without notice, he/she will have the right to not participate in such interview his/her Union Representative for a meeting if management denies union representation and continues to question reasonable period of time before leaving the EmployeePlant.
Section 13.4 For minor offenses by 17.05 If an EmployeeEmployee who believes that he/she has been suspended or discharged without just cause, management has a responsibility to discuss such the matter with the employee. Counseling may be presented at Step 3 of this type shall be held in private between the Employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees Procedure within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (after written notice of such suspension or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officerdischarge has been given.
Section 13.7 Notice of 17.06 It is the Company’s intention that any necessary disciplinary action be taken in a pre-action hearing means timely manner and to that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the employee is being considered for any level of discipline up end will make every reasonable effort to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a communicate disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 of this Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the employee shall be placed on either authorized personal leave or leave without pay concerned and the timeframes union within five (5) working days or it is considered null and void. This five day commitment will be in place unless there are extenuating circumstances which make it difficult for investigation and the pay status determination shall be solely at management’s discretionCompany to comply.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
