Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 5 contracts
Samples: Term of Agreement, www.maine.gov, www.maine.gov
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is Employees may not to be construed as being necessary in progression removed or limiting the appointing authority or his/her designee's discretion as to which action to takedisciplined except for just cause. Should it become apparent during a counseling session between an employee Removal and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting discipline shall be terminated until such time as subject to the Grievance Procedure, which shall be the sole remedy and shall supersede civil service system remedies. The Union recognizes the Administration’s right to discipline employees for just and proper cause. The principles of progressive discipline shall be followed. However, offenses of a Union representative serious nature may result in discipline up to and including suspension/termination, without regard to previous reprimands or discipline. Penalties for disciplinary action are oral and written reprimands, suspensions, demotion, and dismissal. Employees who pose a serious danger to other persons or property may be presentsuspended immediately with pay. Documentation of such counseling sessions or meetings may become a part of A hearing to determine discipline will then be noticed by the employee's recordadministration. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such No employee will be notified suspended without pay or discharged without a hearing by the Business Manager or designee, unless the employee specifically waives the hearing in writing writing. Employees are entitled to Union representation at any disciplinary hearing. Notice of the possibility hearing will be given to the local Union President and the employee at least three (3) working days prior to the day of the scheduled hearing. Such notice shall contain a reference to the rule or rules violated by the employee for which disciplined may be imposed, the time and place of the event, and witnesses to the event. The administrator initiating disciplinary proceedings will be present at the hearing, as may any necessary witnesses needed to provide relevant information. Otherwise, the hearing will be conducted in private. Students normally will not attend the hearing, but may be separately interviewed by the administration in order to obtain necessary information. The decision stating discipline to be imposed will be sent to the employee and the Union President (or other designated representative) within fifteen five (155) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside conclusion of the bargaining unit) first had knowledge of the incidenthearing. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed may submit a written rebuttal for his/her initial probationary period or extension thereof, personnel file within five days of receipt of the decision. Suspensions without pay shall be for a specific number of consecutive days on which the employee involved, if he/she so chooses, shall would be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee regularly scheduled to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations Holidays occurring during a period of client/patient/inmate/student/resident abuse are substantiated, the employee suspension shall be terminatedcounted as work days for the purposes of suspension only. No employee covered by this Agreement shall be suspended without pay, demoted Appeals of disciplinary suspensions or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal terminations will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) expedited and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered presented at Step 3 Level Three of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 2 contracts
Samples: Ective Bargaining Agreement, Collective Bargaining Agreement
Discipline. Disciplinary action shall include The authority to discipline officers is vested exclusively in the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to takeChief. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessaryHowever, the meeting shall be terminated until such Chief may from time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part to time delegate this authority to subordinate officers of the employee's recordrank of Sergeant or above. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will The Lodge shall be notified in writing of the possibility extent of the delegation and the rank of the officers and to whom the delegated authority is vested. Discipline imposed as a result of other than an Internal Affairs Unit, Critical Incident Team or Accident Review Board investigation shall be imposed within fifteen fourteen (1514) calendar days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge incident becoming known, which time may be extended by mutual written agreement. The date of the incident. The provisions incident shall be included in the calculation of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen fourteen (1514) day time period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the discipline is not so imposed no disciplinary action to shall be taken. The conduct Officers, excluding probationary officers, shall only be disciplined or discharged for which disciplinary action just cause. Discipline or discharge for cause shall include, but shall not be limited to, discipline or discharge for violation of Department Rules and Regulations, General or Special Orders. Whenever an officer is summoned to appear before any command officer and/or Sergeant regarding a violation of the Department Rules and Regulations, General or Special Orders, he will have the right to request the presence of a Lodge xxxxxxx or elected officer of the Lodge. Except for exigent circumstances, an officer may not be suspended for any amount of time without first being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with to file his written grievance objecting to the appointing authority suspension. Any suspension of four (4) days or his/her representative less may be effectuated prior to the action proposedofficer being allowed to have the matter heard by the Grievance Board and any suspension of more than four (4) days shall not be effectuated prior to the officer being allowed to have the matter heard by the Grievance Board and/or an arbitrator. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity Prior to respond. Should an employee be suspended or discharged and it is later proved unjustifiedany officer being discharged, the employee he shall be reinstated placed on suspension without pay during the pendency of any grievance relating to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration the proposed discharge. Copies of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return discipline must be provided to the unemployment agencyLodge. Any disciplinary action taken on an employee whose name It is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee recognized that counseling sessions are not negative discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records but a positive form of discipline whereby corrective action is the best means to address minor occurrences of undesired conduct or performance. Counseling Forms issued by Department supervisors may not be removed earlier used by the Department for progressive discipline more than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships12 months after issuance.
Appears in 2 contracts
Samples: civicclerk.blob.core.windows.net, static1.squarespace.com
Discipline. Any employee disciplinary action taken shall be progressive when practicable and be dependent upon the seriousness of the infraction/offense, and the employee's work record. Disciplinary action shall include be commensurate with the followingseriousness of the infraction. Written disciplinary actions shall be hand delivered or sent to the employee by certified mail. The discipline shall include: Written reprimand Suspension warning; written reprimand; six (in writing6) Demotion month probation; reassignment and/or transfer; suspension without pay (in writing) Discharge 3 days or less), suspension without pay (in writing) The listing of actions above is beyond 3 days but not to exceed 30 days) or discharge. These are not steps. Discipline may be construed imposed for the following reasons: violation of written rules and regulations as being necessary set forth by the Board of Education, incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other acts of misfeasance, malfeasance or nonfeasance. Unexcused absence from work will result in progression immediate suspension without pay (3 days or limiting less). Multiple unexcused absences from work will result suspension without pay beyond 3 days to include discharge. The appropriate administrator shall promptly inform the appointing authority employee of any disciplinary action and the reasons for it. It shall be the objective of those taking disciplinary action and of the employees that they handle their roles in such a manner as will avoid embarrassment. An employee disciplined in writing shall have the opportunity to make a written response for inclusion in the personnel file within ten (10) work days by providing a copy to the person taking the disciplinary action. No disciplinary action of any kind shall be taken for reasons of participation by employees engaged in Association activities which are lawful and not in violation of policies and rules of the Employer. When probation, reassignment and/or transfer, suspension without pay, or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings discharge is necessaryinvolved, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise upon request to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so choosesappropriate administrator, shall be entitled to representation by granted a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative person administering the action prior to it being taken, at which time the action proposed. A Union representative/xxxxxxx employee may be have a representative of the Association present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee Employee non-renewal and/or termination shall be reinstated to his/her regular job in accordance with law and shall not be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return subject to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsgrievance procedure set forth herein.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Discipline. Disciplinary action 801 The Employer shall include discipline, suspend or discharge any Health Care Professional for just cause only. 802 All Health Care Professionals shall have the following: Written reprimand Suspension (right to have an Association Representative present at any meeting with supervisors or Management representatives when such meetings are accusatory or disciplinary in writing) Demotion (in writing) Discharge (in writing) The listing nature. Management will advise the concerned Health Care Professional if the intent of actions above the meeting is not to be construed as being necessary investigatory, accusatory or disciplinary in progression or limiting the appointing authority or his/her designee's discretion as to which action to takenature. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting 803 The Employer shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when notify the State Association of a discharge within seven (management outside of 7) workdays stating the bargaining unit) reason for the action taken. Such notice may first had knowledge of the incident. The provisions of this section are not be made by telephone, with written confirmation to be construed made as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation soon thereafter as is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articlereasonable. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedan Association Representative is present during the termination, the employee shall Association will be terminateddeemed to have been notified. No employee covered Receipt by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing a Local Affiliate officer of the disciplinary action Notice of Disciplinary Action will constitute notification as referred to be takenin this Paragraph. The conduct for which disciplinary action 804 If the Association is being imposed and not notified within seven (7) workdays, the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal termination will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior considered automatically appealed to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 Two of the Grievance Procedure. All records 805 Health Care Professionals will receive copies of employee discipline all disciplinary notices placed in their personnel files and shall have the right to rebut in writing any disciplinary notice. Such rebuttal shall be retained attached to the disciplinary notice and placed in the employee's personnel file consistent file. Any materials relating to discipline for which there has been no reoccurrence for one (1) year shall not be used as a basis for progressive discipline in any future matters and will be removed after one (1) year. The Health Care Professionals shall have the right to review their personnel files to ensure the outdated disciplinary notices have been removed. 806 It is the intent of the Employer to utilize progressive discipline in normal circumstances. The discipline imposed will be appropriate to the offense. Where deemed appropriate, the Employer may elect to use informal corrective action such as verbal counseling and documented counseling prior to the issuing of formal discipline. Formal discipline imposed may include any or all of the following: written Notice of Disciplinary Action, suspension and/or discharge. However, Health Care Professionals may be discharged for gross misconduct or gross neglect of duty without prior warning. 807 Personnel Record Information 808 The Employer shall provide copies of Notices of Disciplinary Action to the appropriate Association Co‐Chairperson within five (5) workdays. In the event an Association Representative is present during the discipline, the Association will be deemed to have been notified. The Employer shall notify a Local Affiliate officer when Alternative to Discipline is being utilized. The Local Affiliate officer will be provided with the Personnel Files Articlename of the employee, the date of the meeting and the level of Alternative to Discipline within five (5) workdays of the meeting. Records 809 All Notices of discipline may be removed earlier than Disciplinary Action are subject to the time frames identified Grievance and Arbitration Procedure except notices of termination issued to probationary employees as referenced in Paragraph 1006. 810 The Employer further agrees, upon request, with the written consent of the Health Care Professional and accompanied by the Health Care Professional, to show the Association Representative any material in the Personnel Files Article personnel record which is germane to an alleged infraction by the Health Care Professional, in accordance with established procedures. 811 In any case where the Employer and Association Representative agree to revise personnel record materials, the Employer shall, upon request, provide evidence of this Agreement by mutual agreement the revision. 812 To satisfy governmental record keeping requirements, copies of such notices shall be permanently maintained in a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees separate file to which supervisors shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsnot have access.
Appears in 2 contracts
Samples: rncolo.files.wordpress.com, static1.squarespace.com
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 2 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 2 contracts
Discipline. Disciplinary action may only be taken for just cause and should reflect consideration of the severity of the offense or performance problem, previous performance problems or offenses of the same nature and of the time 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 following: Written reprimand Suspension reason(s) for the proposed disciplinary action, the charge(s) being considered, the time periods in which the employee may respond, and shall be signed by the appointing authority. The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based, and, if practical, he/she shall be supplied with a copy of the documents or materials. Within seven (7) calendar days after the employee has had the review opportunity provided above, he/she shall have the right to respond, orally or in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not , or both, at the employee's option, to be construed as being necessary in progression or limiting the appointing authority concerning the proposed action. Upon the request of the employee or the appointing authority, the Personnel Officer may, at his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between discretion, grant an employee and his/her supervisor that action beyond the documentation extension of such meetings is necessary, time period to facilitate fair administration of the meeting disciplinary process. The failure of the employee to respond shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of constitute the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing waiver of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an Notwithstanding the above, a reasonable request for additional time within which to respond shall not be denied. If the employee be suspended or discharged and it is later proved unjustifieddoes not agree with the decision reached by the Appointing Authority, the employee shall be reinstated may request a hearing before the Personnel Officer within seven (7) calendar days. Within ten (10) calendar days of receipt of a written request for hearing, the Personnel Officer will schedule a date to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration hear the appeal of all other rights and conditions the appointing authority’s decision. The failure of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list appeal shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in constitute the employee's personnel file consistent with waiver of the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 opportunity to appeal and the appointing authority decision will become final If the employee does not agree with the decision reached by the Personnel Officer, the employee may request a hearing before the Personnel Board within seven (7) calendar days. Appeals shall be in writing and filed with the Personnel Officer, who shall, within seven (7) days after receipt of the appeal, inform each member of the Personnel Board and other such persons named or affected by the appeal of the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Board, explaining the matter appealed from and setting forth therein a statement of the action desiredby the appellant, with his/her designeereason thereof. Employer representatives and employees The formality of a legal pleading is not required. Upon the filing of an appeal, the Personnel Officer shall show mutual respect and courtesy toward each other with set a date for a hearing on the objective of promoting harmonious relationships.appeal not less than ten (10) days, nor more than thirty
Appears in 2 contracts
Samples: mccmeetingspublic.blob.core.usgovcloudapi.net, mccmeetingspublic.blob.core.usgovcloudapi.net
Discipline. Disciplinary action The Employer shall include the following: Written reprimand Suspension (not discharge or discipline any Employee without cause and discipline shall be in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not accordance with work rules except that no prior discipline or warning need to be construed as being necessary imposed on any Employee before such Employee is discharged or disciplined if the misconduct is so aggravated, in progression or limiting the appointing authority or his/her designee's discretion opinion of the Employer, as to which action require immediate discharge. The Association reserves the right to takeargue the reasonableness of any work rule not mutually agreed upon. Should it become apparent during a counseling session between Discharge or discipline must be by written notice and any Employee may request an employee investigation as to that Employee's discharge or discipline, and his/her supervisor should such investigation prove that action beyond the documentation of Employee was without fault, such meetings Employee shall be reinstated. If the Employee is necessaryfound to be with fault, the meeting penalty shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articlestand unchanged. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedthat any Employee is discharged or disciplined for any reason, such Employee shall have, upon written request, a hearing with an Employer representative within twenty-four (24) hours. If, after the hearing, the employee Employee is found without fault, such Employee shall be terminatedreinstated. No employee covered by this Agreement However, if the Employee is found to be with fault, the penalty shall stand unchanged. If the dispute is not settled satisfactorily it may be submitted under the Grievance Article. The Employee may have a Union representative in any meeting regarding discipline or discharge. Employees shall be suspended without paygiven a minimum of one (1) clock hour’s notice of meetings regarding discipline or discharge. The Employer agrees that it will give verbal warnings, demoted or dismissed without first having been given notice written warnings, and suspensions to Employees prior to discharge where the misconduct is not so aggravated, in writing the opinion of the disciplinary Employer, as to call for immediate discharge. Grievances protesting discipline or discharge must be filed within five (5) working days after the action was taken and failure to abide by such time limit shall be taken. The conduct for which disciplinary action is being imposed construed as a waiver, by both the Union and the action to be taken shall be specified in a written notice. Any employee receiving a notice Employee or Employees involved of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation any protest of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsaction.
Appears in 2 contracts
Discipline. Disciplinary action Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four hours to the report. Potential charges shall include be laid or notice of investigation against an employee shall be made within thirty days of the following: Written reprimand Suspension (knowledge of the alleged incident or of the discovery of any infraction, which may result in writing) Demotion (in writing) Discharge (in writing) The listing of actions above charges. An employee’s Section Head shall investigate incidents at a meeting at which the employee concerned is not entitled to be construed as being necessary in progression or limiting present and to be represented by no more than two Union representatives. The employee concerned shall be given at least twenty-four hours’ advance notice of the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation purpose of such meetings is necessary, the meeting shall and of his entitlement to Union representation. An employee’s Section Head may give written reprimands but suspension or dismissal may only be terminated until such time as imposed after the hearing of a Union representative may be presentcharge by a Regional Vice-President or his delegate. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an A charged employee may be disciplined with held out of service by his Section Head for a suspension from workperiod not to exceed three days, demotion pending investigation by the Regional Vice-President or discharge, such his delegate and the officer ordering the holding out of service must immediately advise the employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise charge or charges against him. Charges referred to the possible discipline Regional Vice-President or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooseshis delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to representation be present and to be represented by a no more than two Union representative when interviewedrepresentatives. In alleged matters Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of client/patient/inmate/student/resident abusewrongdoing by the employee, administrative leave or other temporary action which does not result in a loss of pay for he shall advise within five days the employee involved may of the anticipated date of the hearing of the charges. The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action takenimposed, or management returns whether the charged employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articleis exonerated. In the event allegations his decision involves suspension or dismissal, he shall, within three days of client/patient/inmate/student/resident abuse are substantiatedthe hearing, notify the charged employee and his Local Chairperson, in writing, of the decision. An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority. Page An employee’s service record shall be deemed to be clear, if no discipline involving loss of pay has been imposed and if no other discipline has been imposed within twelve previous months, and, in any case, the Corporation may grant an application from an employee shall with a clear service record for the previous twenty-four months to have his service record deemed to be terminatedclear. No employee Employees covered by this Agreement shall not be suspended without paysubject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm. The Corporation agrees that past disciplinary information of which the employee was not aware has no value, demoted and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration. Operating Representation Rights At any administrative inquiry, hearing or dismissed without first having been given notice in writing investigation conducted by a Board named by the Corporation into an operating irregularity as defined under this article(‘), where the actions of an Employee may have had a bearing on the events or circumstances leading thereto, and the Employee is required to appear at the administrative inquiry, hearing or investigation being conducted into such irregularity, he or she may be accompanied by a Union representative of his or her choice. The unavailability of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and Union Representative of choice will not delay the action to be taken shall be specified in a written notice. Any employee receiving a notice inquiry, hearing or investigation more than twenty four hours from the time of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior notification to the action proposedEmployee. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting However, for the appointing authority or his/her designee will give the employee an explanation purposes of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustifiedthis article, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid submit without delay the employee as unemployment benefits which standard incident reports required by the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsCorporation.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action shall include the following: Oral reprimand Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a written reprimand, suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing When the possibility exists that serious disciplinary actions (suspensions, demotions, discharge) or allegations of client/patient/inmate/student abuse will occur, the State must, providing that the employee involved has completed his/her initial probationary period or extension thereof, the hold a discipline hearing. The employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewedrepresentative. In alleged matters of client/patient/inmate/student/resident student abuse, administrative leave or other temporary action may be taken to protect the residents, inmates, students until said hearing can be held which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to workinvolved. Such administrative leave or other temporary action shall not constitute consti- tute discipline under this Article. Said hearing will be held prior to any disciplinary action being taken. In the event the disciplinary hearing involves allegations of client/patient/inmate/student/resident student abuse and the allegations are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting to meet with the appointing authority or his/her representative rep- resentative prior to the action proposed. A Union representativerepresenta- tive/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Articlefile. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 1 contract
Samples: Institutional Services Agreement
Discipline. Disciplinary action When a written reprimand, a suspension or a discharge of an employee in the bargaining unit has occurred, the Corporation shall include notify the following: Written reprimand Suspension Local President of the Alliance or their designate of such action. When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision, or to advise of, or conduct an investigation the employee, the employee is entitled to have, at their request, a representative of the Alliance attend the meeting. The employee shall receive a minimum of two (in writing) Demotion (in writing) Discharge (in writing) 2)day's notice of such a meeting and shall be advised of the right to have an representative attend the meeting. When an is suspended with or without pay or discharged, the Corporation must provide to the employee at the time of suspension or discharge the written reasons for such action. The listing of actions above is Corporation agrees not to be construed introduce as being necessary evidence in progression or limiting a hearing relating to disciplinary action any document from the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between filé of an employee and his/her supervisor that action beyond the documentation content of such meetings is necessary, which the meeting employee was not aware of at the time of filing or within a reasonable time thereafter. An employee shall be terminated until such time as made aware of and receive a Union representative may be present. Documentation copy of such counseling sessions or meetings may become a part of all written disciplinary reports and reprimands which have been on the employee's record. When there is a possibility that an employee may be disciplined with a suspension from workAny document or written statement related to disciplinary action, demotion or discharge, such employee will be notified in writing placed on the personal file of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of destroyed after two (2) years have elapsed since the disciplinary action to be was taken. The conduct for which , provided that no further disciplinary action has been recorded during this period. Grievances relating to suspension or discharge shall be filed at Step of the grievance procedure. If the grievance is being imposed not satisfactorily at Step then the grievance may be referred to Expedited Arbitration in accordance with Article ARTICLE STATEMENT OF AND CLASSIFICATION Upon request, an employee shall be provided with a current organization chart depicting the employee’s position’s place within the organization, a complete and current job description which shows their classification level and the action duties and responsibilities for their position, the responses to be taken the Job Evaluation questionnaire for position and the compensation attributed to the position. If, during the term of this Agreement, a new plan is adopted or the classification plan is modified such that new levels are introduced, ‘the Corporation shall negotiate the rates of pay and the affecting the pay of the employees on their movement to the new levels. All positions and all newly created positions in the bargaining unit shall be specified evaluated in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting accordance with the appointing authority or his/her representative prior to classification plan. Changes in Classification When the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting duties and responsibilities of an employee’s position have been substantially modified by the appointing authority or his/her designee will Corporation, on request of the employee, the Corporation shall reevaluate the position and shall give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned results in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipswriting.
Appears in 1 contract
Samples: negotech.service.canada.ca
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not Employees who are to be construed as being necessary or may be disciplined are entitled to Union Representation exclusively in progression any disciplinary proceedings consistent with the Xxxx County Disciplinary Action Policy and Procedure. The Union and the County agree that discipline should be timely, progressive and accompanied by counseling. It is understood that all disciplines below suspension shall be discarded after one (1) calendar year if the employee has not received additional discipline for the same or limiting similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the appointing authority date the suspension was issued, provided the employee has not received discipline for the same or his/her designee's discretion as similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be considered in determining future disciplinary actions regardless of how long ago the suspension was issued. Offenses constituting a criminal or civil violation of federal, State or municipal law include, but are not limited to, laws prohibiting discrimination and harassment on the basis of another person’s membership in a protected class. Once discipline is removed, it will not be considered in determining future disciplinary actions; provided, however, that neither the employee nor the Union will claim in any subsequent arbitration that the employee had a "clean" or "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be free to which action use any discipline issued to takethe employee regardless of the provisions of this Section. Should it become apparent during a counseling session between If the County has reason to discipline an employee it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and his/her supervisor that discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action beyond the documentation of such meetings is necessarypromptly. Generally, the pre- disciplinary hearing shall be convened within thirty (30) days of the time the alleged infraction occurred or became known to the Department. This time frame shall not be strictly applied and may be extended if the Employee or the Employee’s representative is granted a delay of the pre- disciplinary hearing or if the pre-disciplinary hearing or its completion is delayed for reasonable cause. The County shall notify the Union and the employee of a pre-disciplinary meeting and set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be relied upon. During the pre-disciplinary meeting the employee and/or the Union representative shall be given an opportunity to rebut or clarify the charges which gave rise to the pre-disciplinary meeting. The pre-disciplinary meeting shall be terminated until such time as scheduled in a Union timely manner. In the event, the Union’s representative may be present. Documentation or designee does not respond to scheduling of such counseling sessions or meetings may become a part of hearing, the employee's record. When there is a possibility that an employee may be disciplined with accordingly. The County shall make every reasonable effort to assign a suspension manager from work, demotion or discharge, such employee will be notified a different department than the department in writing of which the possibility within fifteen (15) days of the incident giving act that gave rise to the possible pre-disciplinary meeting occurred. If the County has xxxxxx.xx discipline an employee it shall normally be done in a manner that will not embarrass the employee before other employees or within fifteen (15) days thepublic. An employee’s disciplinary record in accordance with the provisions of when the State (management outside Article IV, Section 4.13 of the bargaining unit) first had knowledge Healthcare Professionals, Technicians, Technologists, Article XIV, Section 14.1 of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed hisStroger/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action Xxxxxx Agreements shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse be used to determine whether or not they are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipspromoted orlaterally transferred.
Appears in 1 contract
Samples: Service Employees
Discipline. Disciplinary action shall include In the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing event of actions above is not to be construed as an Employee who has attained seniority being necessary in progression discharged or limiting suspended from employment, and the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between Employee feels that an employee and his/her supervisor that action beyond the documentation of such meetings is necessaryinjustice has been done, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved case may be taken up as a grievance. All such cases shall be taken up within four (4) working days and disposed of within seven (7) working days (or such longer period as may be mutually agreed upon) of the date the Employee is her discharge or suspension, except where a case is taken to protect arbitration. A claim by an Employee who has attained seniority that she has been unjustly discharge or suspended from her employment shall be treated as a grievance if a written statement of such grievance is lodged with the clients/patients/inmates/students/residents until an investigation Administrator within four (4) working days after the Employee is completednotified of her discharge or suspension or within four (4) working days after the Employee ceases to work for the Employer, disciplinary whichever is the earlier. All steps of the grievance procedure prior to Step No. may be omitted in such cases. Such special grievances may be settled by confirming the Employer's action takenin dismissing or suspending the Employee, or management returns by re-instating the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting Employee with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time lost, or by any other arrangement which is just and to full restoration equitable in the opinion of all other rights and conditions the conferring parties or the Board of employment)Arbitration, minus as the case may be. The employer shall provide the Employee with two (2) copies of any moneys earned in another job written warning or any moneys paid written performance evaluation affecting the employee as unemployment benefits which Employee. Any written reply by the employee is not required to return Employee shall become part of her record. It shall be up to the unemployment agencyEmployee to give a copy to the Union. Any disciplinary action taken on Letters of reprimand are to be removed from an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with after twelve (12) months from the Personnel Files Articledate of discipline, except in the case of incidents involving third party interface i.e. residents and family where the record will remain on file. Records of discipline may suspension are to be removed earlier than from an employee's personnel file after eighteen (18) months from the time frames identified date of discipline, except in the Personnel Files Article case of this Agreement by mutual agreement incidents involving third party interface i.e. residents and family where the record will remain of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsfile.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary An Employee who has completed probationary period shall not be disciplined by suspension without pay or by discharge except for cause. No disciplinary action shall include be taken against an Employee for behaviouroutside working hours unless, inthe opinion of the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above Employer, there is not evidence that such behaviour has brought the Employer into public disrepute. When an Employee is required to attend a meeting where a disciplinary decision concerning is to be construed as being necessary taken by the Employer, or a Representativeof the Employer, the Employeeis entitled to have, at request, a Representativeof the Alliance attend the meeting. The Employer will advise each Employee of any written reprimand placed on file. A copy of any reprimand is to be sent to the Union. Any Employee so reprimanded may submit case in progression conformity with the provisions of the Grievance Procedure outlined in Article Where an Employeeis disciplined by suspension without pay or limiting by discharge, the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation Employer, within two (2) working days of such meetings is necessary, disciplinary action shall advise the meeting shall be terminated until such time as a Union representative may be present. Documentation Alliance of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee in writing. Where it is determined that an Employee has been disciplined by suspension without pay or by discharge in violation of Clause the Employeeshall be immediately reinstatedin former position without loss of seniority or accrued benefits including all benefits and salary would have earned during the period of suspension or discharge. The Employer shall ensure that the personnel file of every Employee is kept confidential. It is not the Employer's practice to disclose personal information, other than confirmation of employment, concerning an Employee to creditors, banks, credit bureaus, or organizations without the expressed prior and written consent of the Employee concerned. A full-time representativeor staff officer of the Alliance shall have access to an Employee's file providing that the Employee in question has given written permission to release information concerning a specific case. Uponwritten request of an Employee, the personnel file of that Employeewill be made available at least once per year for examination in the presence of an authorized representative of the Employer. At the request of the Employee, documents, letters relating to disciplinary action which may have been placed on file will be notified in writing of the possibility within fifteen destroyed after two (152) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing years, providing no further disciplinary action being taken within the aforementioned fifteen (15) day periodhas been recorded. Providing that the employee involved Consultation ARTICLE GRIEVANCE PROCEDURE When an Employeefeels has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so choosesa complaint, shall be entitled encouraged to representation consult with immediate or Designate in respect to such a complaint accompanied, if so wishes, by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity Inability to respond. Should an employee be suspended or discharged and it is later proved unjustifiedconsult on such a complaint shall in no way affect right to file a formal, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained written grievance in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.manner set forth inthis
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary At any time, an Employee, categorized as probationary, may be released by the Department Head or the County Administration. Such notice of release will be formalized in and will give the reason for the Employee being released as soon as practicable following the release. Employees shall provide at least ten (10) working days written notice of their intention to resign. In the event that an Employee terminates his employment with the County without submitting the Written notice in compliance with Xxxxxx the Employee shall not be entitled to receive his regular cheque his final cheque until the next regular distribution of regular wage and salary cheques. An Employee who is absent from his employment and who has not informed the Employer, may five (5) consecutive days of such unauthorized absence, be considered to have abandoned his position and shall be deemed to have resigned. All Employees must comply with the approved and dress code as a condition of employment. Any member subject to any level of discipline may be represented by an attending Union representative. The County shall notify the Union in writing (48) hours in advance of any disciplinary meeting. No Employee shall be disciplined without just cause. In the event that the County initiates formal disciplinary action against an Employee, that Employee and the Union shall include be informed at the following: Written reprimand Suspension same time in writing as to the for such action. The correspondence to the Union shall be placed in the Union’s mailbox located 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 file after (in writing24) Demotion (in writing) Discharge (in writing) The listing months from the date of actions above the application of the discipline. Posting of Positions When a position of a Regular or Temporary nature is not to be construed as being necessary in progression filled, notice of the vacancy shall be posted within five (5) working days, on all bulletin boards for a minimum of one (1) week. The position can be filled by appointment if it is to be filled for a period of less than (30) calendar days. Such notice will contain the following nature of position, qualifications, required knowledge and education, skills, shift, hours of work, experience, wage rate or limiting range, consistent with the appointing authority or his/her designee's discretion as to which action to takejob description. Should it become apparent during Where there are qualified Union candidates for a counseling session between an employee posted position, their applications shall be considered first. Where qualified applicants have applied and his/her supervisor that action beyond the documentation of such meetings is necessarya suitable candidate has been selected, the meeting Employer shall be terminated until such time as appoint a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of candidate to the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility position within fifteen (1530) days of the incident giving rise competition closure. Preference in the filling of positions shall be given to Employees of the County over all other persons, where the Employee has the required skills and ability to the possible discipline or within fifteen (15) days of when the State (management outside tasks of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsposition.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writinga) The listing Company, in directing the working force, may exercise its right to invoke disciplinary measures for just cause, subject to the terms and conditions of actions this Agreement. In imposing discipline on a current charge, the Company will not take into account any prior infractions which occurred more than two years previously. Departmental disciplinary files will be purged of all discipline that is over two years old. The Company will not discharge an employee for falsification of his medical records or his employment application after the employee has two years of service. An employee who is required to go to an office to discuss some action on his part which will result in such employee being disciplined, shall have his Union Committeeman present during such discussion unless the employee declines the right to have representation in the presence of their Union Committeeman. At the time an employee is to be interviewed for discipline or disciplined, such discipline will be issued in the privacy of an Discharge Cases--Upon being notified of his discharge, it shall be the duty of an employee to leave his department and go to the Human Resources Department. The Union depart- mental representative and the Plant Chairman shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the Human Resources Department are closed. The wages of an employee shall cease at the time of his discharge excepting in cases where it is later determined that the discharge was not warranted. An employee who is discharged will be furnished with a brief written statement describing the misconduct for which he has been discharged. The written statement furnished to the employee shall not limit Management’s rights, including the right to rely on additional or supplemental information not contained in the statement to the employee. In exceptional cases where the above is not to delayed, the special circumstances will be construed as being necessary in progression or limiting reviewed with the appointing authority or his/her designee's discretion as to which action to takePlant Chairman. The Plant Chairman will receive a copy. In the event an employee is discharged from employment and believes he has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it become apparent during a counseling session between be decided under the terms of this Agreement that an injustice has been done the employee and his/her supervisor that action beyond with regard to the documentation of such meetings is necessarydischarge, the meeting shall be terminated until such Company agrees to reinstate him and to reimburse him for the wages he would normally have earned for the time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part lost, less what the employee has earned in outside employment since his discharge, to the extent of the employee's recordhours he would normally have worked for the Company. When there is a possibility that an employee may These hours will also be disciplined with a suspension from workcounted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, demotion or pension credits under the Non-Contributory Retirement Plan, and for vacation purposes. In case of any such discharge, such employee will the Company must be notified in writing of the possibility within fifteen (15) days claims of the incident giving rise alleged wrongful discharge within five working days and the case shall be taken up promptly and diligent efforts made to dispose of it within three additional working days. An extension to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) five working day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved time limit may be taken to protect granted by mutual agreement between the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns Company and the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this ArticleUnion. In the event allegations the Company is notified as above regarding claim of client/patient/inmate/student/resident abuse are substantiatedwrongful discharge, the employee will be permitted to continue his protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve months. If the employee is reinstated and the Company is obliged to reimburse him for lost earnings, he will also be reimbursed to the extent of contributions he made to any such plans up to the amount which normally would have been paid by the Company in his behalf. Should it be decided under this Article in the case of a discharged employee that there was good cause for the discharge, or a discharged employee files a grievance requesting only a determination of eligibility for supplemental allowance (where the Company has specified that the reason for the employee’s discharge will result in his being ineligible to receive a supplemental allowance), the arbitrator shall be terminated. No have the authority to determine in the case of an employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing eligible to retire under Section of Article 1 of the disciplinary action Non-Contributory Retirement Plan whether the cause for his discharge should result in his being ineligible to be takenreceive a supplemental allowance under such Retirement Plan. The conduct for which disciplinary action ARTICLE OF MANAGEMENT It is being imposed and agreed that the action Company has the right to be taken shall be specified in a written notice. Any employee receiving a notice direct generally the work of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior employees subject to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights terms and conditions of employment)this Agreement, minus including the right to hire employees, to promote and transfer employees for proper cause, to discharge, suspend and demote employees for just cause, to assign them to shifts with due regard to seniority, to determine the amount of work needed, and to lay them off because of lack of work in accordance with the provisions herein. However, none of the foregoing shall be done for the purpose of unfair discrimination. To enable the Company to keep its products abreast of scientific and technical advances, it is agreed that the Company may from time to time, and without reference to the rules of seniority set out in this contract, hire, transfer, teach, and assign duties to a small number of technical men or others to be mutually agreed upon between the Company and the Union. The Company has the right to maintain discipline of employees including the right to make reasonable rules and regulations for the purpose of efficiency, safe practices and discipline. The Company will inform the Union of any moneys earned changes in another job existing rules and regulations or the establishment of new rules and regulations before such changes are made effective. Any complaint as to the reasonableness of such rules or any moneys paid grievance involving claims of discrimination against any employee in the employee as unemployment benefits which the employee is not required to return application of such rules shall be subject to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article grievance procedure of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsContract.
Appears in 1 contract
Samples: Agreement
Discipline. Disciplinary Company, in directing the working force, may exercise its right to invoke disciplinary measures for just cause, subject to the terms and conditions of this agreement. In imposing discipline on a current charge, the Company will not take into account any prior infractions which occurred more than two years previously. Departmental disciplinary files will be purged of all discipline that is over two years old. The Company will impose discipline up to and including discharge where an employee with years or less of employment has falsified either medical, or employment records. The Company will not impose discipline for such after years of employment. An employee who is required to go to an office to discuss some action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or on his/her designee's discretion as part which will result in such employee being disciplined, shall have his/her Union Committeeperson present during such discussion unless the employee declines the right to have representation in the presence of their Union Committeeperson. At the time and employee is to be interviewed for discipline or disciplined, such discipline will be issued in the privacy of an office. Discharge Cases Upon being notified of his/her discharge, it shall be the duty of an employee to leave his/her department and go to the Human Resources Department. The Union departmental representative and the Plant Chairperson shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the Human Resources Department are closed. The wages of an employee shall cease at the time of his/her discharge excepting in cases where it is later determined that the discharge was not warranted. An employee who is discharged will be furnished with a brief written statement describing the misconduct for which action he/she has been discharged. The written statement furnished to takethe employee shall not limit Management’s rights, including the right to rely on additional or supplemental information not contained in the statement to the employee. In the exceptional cases where the above is delayed, the special circumstances will be reviewed with the Plant Chairperson. The Plant Chairperson will receive a In the event an employee is discharged from employment and believes he/she has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it become apparent during a counseling session between be decided under the terms of this Agreement that an injustice has been done to the employee with regard to the discharge, the Company agrees to reinstate him/her and to reimburse him/her for the wages would normally have earned for the time lost, less what the employee has earned in outside employment since his/her supervisor that action beyond discharge, to the documentation extent of the hours would have normally worked for the Company. These hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non-Contributory Retirement Plan and for vacation purposes. In case of any such meetings is necessarydischarge, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will Company must be notified in writing of the possibility within fifteen (15) days claims of the incident giving rise alleged wrongful discharge within five working days and the case shall be taken up promptly and diligent efforts made to dispose of it within three additional working days. An extension to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) five working day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved time limit may be taken to protect granted by mutual agreement between the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns Company and the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this ArticleUnion. In the event allegations the is notified as above regarding claim of client/patient/inmate/student/resident abuse are substantiated, wrongful the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or permitted to continue his/her representative prior protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve months. If the employee is reinstated and the Company is obliged to reimburse him/her for lost earnings, he/she will also be reimbursed to the action proposed. A Union representativeof contributions he/xxxxxxx may be present. At that Xxxxxxxxxx meeting she made to any such plans up the appointing authority or amount which normally would have been paid by the Company in his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respondbehalf. Should an it be decided under this Article in the case of a discharged employee be suspended that there was good cause for the discharge, or a discharged and it is later proved unjustified, employee files a grievance requesting only a determination of eligibility for supplemental allowance (where the employee shall be reinstated to Company has specified that the reason for the employee’s discharge will result in his/her regular job and shall be made whole (including but not limited being ineligible to full compensation for all lost time and to full restoration of all other rights and conditions of employmentreceive a supplemental allowance), minus any moneys earned the arbitrator shall have the authority to determine in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on case of an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 eligible to retire under Section of Article 1 of the Grievance Procedure. All records of employee discipline shall be retained in Non-Contributory Retirement Plan whether the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or cause for his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsdischarge should result in his/her being ineligible to receive a supplemental allowance under such Retirement Plan.
Appears in 1 contract
Samples: Agreement
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (Except for such reasons as reduction in writing) Demotion (operations or changes in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessaryservice, the meeting discipline and/or discharge shall be terminated until such time as a Union representative may be presentonly for just cause. Documentation The Employer will maintain its present plan of such progressive discipline which encourages informal counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise prior to the possible formal discipline or within fifteen (15) days of when discharge for just cause. Regularly scheduled employees who have satisfactorily completed the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period who are disciplined or extension thereof, the employee involved, if he/she so chooses, discharged for just cause shall be entitled to utilize the provisions of the grievance procedure outlined in Article 5 of this Agreement. If just cause is not proved, personnel records shall be cleared of reference to this matter. Employees shall have the right to representation by 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 discharge for just cause. The employee shall have the right to choose the presence of a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, delegate during any disciplinary is action takenmeeting, or management returns investigatory meeting which may lead to discipline. The Union will provide and regularly update its list of Union Delegates to Human Resources. If the employee to work. Such administrative leave or other temporary action shall delegate of choice is not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedreadily 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 terminated. No employee covered by this Agreement shall be suspended without pay, demoted requested to sign the written warning or dismissed without first having been given notice in writing suspension to indicate that she/he has seen and comprehends the nature of the disciplinary action to be takenaction. The conduct for which disciplinary action is being imposed Verbal and the action to be taken written warnings shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions removed from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsafter one ( 1) year if no further corrective action regarding similar matters is taken during such one (1) year period.
Appears in 1 contract
Samples: Service Unit Agreement
Discipline. Disciplinary action shall include In the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing event of actions above is not to be construed as an Employee who has attained seniority being necessary in progression discharged or limiting suspended from employment, and the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between Employee feels that an employee and his/her supervisor that action beyond the documentation of such meetings is necessaryinjustice has been done, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved case may be taken up as a grievance. All such cases shall be taken up within four (4) working days and disposed of within seven working days (or such longer period as may be mutually agreed upon) of the date the Employee is notified of her discharge or suspension, except where a case is taken to protect arbitration. A claim by an Employee who has attained seniority that she has been unjustly discharge or suspended from her employment shall be treated as a grievance if a written of such grievance is lodged with the clients/patients/inmates/students/residents until an investigation Administrator within four (4) working days after the Employee is completednotified of her discharge or suspension or within four (4) working days after the Employee ceases to work for the Employer, disciplinary whichever is the earlier. All steps of the grievance procedure prior to Step No. may be omitted in such cases. Such special grievances may be settled by confirming the Employer’s action takenin dismissing or suspending the Employee, or management returns by re-instating the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting Employee with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time lost, or by any other arrangement which is just and to full restoration equitable in the opinion of all other rights and conditions the conferring parties or the Board of employment)Arbitration, minus as the case may be. The employer shall provide the Employee with two (2) copies of any moneys earned in another job written warning or any moneys paid written performance evaluation affecting the employee as unemployment benefits which Employee. Any written reply by the employee is not required to return Employee shall become part of her record. It shall be up to the unemployment agencyEmployee to give a copy to the Union. Any disciplinary action taken on Letters of reprimand are to be removed from an employee whose name is on employee‘s personnel file after twelve (12) months from the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from workdate of discipline, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained except in the employee's personnel file consistent with case of incidents involving third party interface residents and family where the Personnel Files Articlerecord will remain on file. Records of discipline may suspension are to be removed earlier than from an employee’s personnel file after eighteen (18) months from the time frames identified date of discipline, except in the Personnel Files Article case of this Agreement by mutual agreement incidents involving third party interface i.e. residents and family where the record will remain of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsfile.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary The Hospital Center shall notify the Association and the Chairperson of the Grievance Committee, in writing, of any discharge, demotion or suspension within forty-eight (48) hours (not including Saturdays, Sundays or holidays) from the time of such disciplinary action. If the Association decides to contest a discharge, demotion or suspension, except in the cases specifically excepted from such contest by this Agreement, it shall give written notice thereof to the Hospital Center within ten (10) working days after receipt of a notice of discharge, demotion or suspension. The notice of contest shall be signed by an authorized representative of the Association and shall set forth specifically the following information concerning the event complained of: name and job of the employee, date, time or approximate time, place, article violated and remedy sought. The grievance shall be submitted and determined under the grievance and arbitration procedure set forth herein, commencing, however, at Step Two of the grievance procedure. A meeting/conference about the grievance will be scheduled as soon as possible but no later than one (1) month after filing of the grievance. If a disciplinary action results from conduct relating to a patient and the patient and/or person involved does not appear at the arbitration hearing, the arbitrator shall not consider the failure of the patient or other person involved to appear as prejudicial. The Hospital Center shall notify the Association and the Chairperson of the Grievance Committee, in writing, of any written discipline (other than a discharge, demotion or suspension) within forty-eight (48) hours (not including Saturday/Sunday/holidays) from the time of such disciplinary action. If an employee is given a verbal warning and the verbal warning is put in writing, the Hospital Center shall provide the Union delegate who is present when the warning is given with a copy of the warning. If no delegate is present, a copy of the warning will be provided to the Association. Failure to provide notice of any disciplinary action shall include extend the following: Written reprimand Suspension (Association’s time in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not which to be construed as being necessary in progression or limiting contest the appointing authority or his/her designee's discretion as to which disciplinary action to taketen working days from the date the Association does receive the notice. Should If the Association desires to contest such written discipline, it become apparent during a counseling session between shall commence such contest at Step One of the grievance procedure. In the event that the Hospital Center disciplines or discharges an employee on the stated ground of misconduct in matters involving relations with or conduct of an employee towards patients, matters involving potential danger to patients or breach of professional ethics or responsibility with respect to the treatment of patients and his/her supervisor that action beyond the documentation Association requests arbitration of such meetings is necessarythe discharge, the meeting burden of going forth with the evidence shall be terminated until upon the employee and the Association that the discharge has been made for reasons other than the grounds stated or that there was no such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a misconduct on the part of the employee's record. When there is a possibility that an employee Suspensions may be disciplined with a suspension from workpresented, demotion or dischargeat the Association's discretion, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsTwo.
Appears in 1 contract
Samples: Agreement
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during A claim by a counseling session between an seniority employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereofbeen unjustly discharged. shall be as a grievance if a written statement of such grievance is with the Superintendent of Employee Services within three working days after the discharge. Such special grievance shall be dealt at Step 2 and the balance of the grievance Such three working day time limit shall be extended only where it is physically impossible for the to comply, for example, the employee involved, if he/she so chooses, is to jail. or ‘hospital.. In no event shall such extension exceed seven working a total of ten working days from date of discharge. A by a seniority that the employee has been disciplined shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in as if a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it statement such grievance is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered lodged at Step 3 1 of the Grievance Procedure! and conforms to the requirements to Article IX. All records the parties agree should board determine that an employee has been unjustly disciplined or discharged such employee be reinstated in the former position, without loss of employee discipline seniority, and shall be retained compensated for all straight time wages less any monies which the earned or reasonably have earned, in the interim, or any other decision which is just and equitable in circumstances. - - employee shall be provided in writing with any notation of derogatory or disciplinary action which is to be placed on the employee's personnel file consistent ’s employment record. Such notice shall be given to the employee within seven calendar days of the discovery of the occurrence rise to the action and such notice will be acknowledged by the employee by receipt. The Xxxxxxx present sign as witness receive a copy of the document, Any written communication with the Personnel Files Article. Records of discipline may an employee concerning derogatory or disciplinary shall be removed earlier than from employee’s file there has been no further incident with said employee after a period of ‘two years, RT I l NO ST:RIKES OR LIOCKOUTS - - The Union undertakes and agrees that while this Agreement is in operation neither the time frames identified nor any employee shall take part in, or encourage any strike, picketing, slowdown, or any suspension of, or stoppage of, or interference with work or production against the Board which in any affect the Personnel Files Article operations of the Board, nor shall there be any sympathy strikes or and the Board agrees that it will not in any lockout during the term of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsAgreement.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not Employees who are to be construed as being necessary or may be disciplined are entitled to Union Representation exclusively in progression any disciplinary proceedings consistent with the Cook County Disciplinary Action Policy and Procedure. The Union and the County agree that discipline should be timely, progressive and accompanied by counseling. It is understood that all disciplines below suspension shall be discarded after one (1) calendar year if the employee has not received additional discipline for the same or limiting similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the appointing authority date the suspension was issued, provided the employee has not received discipline for the same or his/her designee's discretion as similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be considered in determining future disciplinary actions regardless of how long ago the suspension was issued. Offenses constituting a criminal or civil violation of federal, State or municipal law include, but are not limited to, laws prohibiting discrimination and harassment on the basis of another person’s membership in a protected class. Once discipline is removed, it will not be considered in determining future disciplinary actions; provided, however, that neither the employee nor the Union will claim in any subsequent arbitration that the employee had a "clean" or "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be free to which action use any discipline issued to takethe employee regardless of the provisions of this Section. Should it become apparent during a counseling session between If the County has reason to discipline an employee it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and his/her supervisor that discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action beyond the documentation of such meetings is necessarypromptly. Generally, the pre-disciplinary hearing shall be convened within thirty (30) days of the time the alleged infraction occurred or became known to the Department. This time frame shall not be strictly applied and may be extended if the Employee or the Employee’s representative is granted a delay of the pre-disciplinary hearing or if the pre- disciplinary hearing or its completion is delayed for reasonable cause. The County shall notify the Union and the employee of a pre-disciplinary meeting and set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be relied upon. During the pre-disciplinary meeting the employee and/or the Union representative shall be given an opportunity to rebut or clarify the charges which gave rise to the pre-disciplinary meeting. The pre-disciplinary meeting shall be terminated until such time as scheduled in a Union timely manner. In the event, the Union’s representative may be present. Documentation or designee does not respond to scheduling of such counseling sessions or meetings may become a part of hearing, the employee's record. When there is a possibility that an employee may be disciplined with accordingly. The County shall make every reasonable effort to assign a suspension manager from work, demotion or discharge, such employee will be notified a different department than the department in writing of which the possibility within fifteen (15) days of the incident giving act that gave rise to the possible discipline or within fifteen (15) days pre-disciplinary meeting occurred. An employee's disciplinary record in accordance with the provisions of when the State (management outside Article IV, Section 4.13 of the bargaining unit) first had knowledge Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of the incident. The provisions of this section Stroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipspromoted orlaterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Disciplinary action Employees covered by this Agreement will not be disciplined or discharged except for just cause. Such discipline or discharge will apply after the charges against them have been investigated and substantiated. If an employee under investigation and subject to discipline is required to submit a written report, he will be allowed up to twenty-four hours to the report. Potential charges shall include be laid or notice of investigation against an employee shall be made within thirty days of the following: Written reprimand Suspension (knowledge of the alleged incident or of the discovery of any infraction, which may result in writing) Demotion (in writing) Discharge (in writing) The listing of actions above charges. An employee’s Section Head shall investigate incidents at a meeting at which the employee concerned is not entitled to be construed as being necessary in progression or limiting present and to be represented by no more than two Union representatives. The employee concerned shall be given at least twenty-four hours’ advance notice of the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation purpose of such meetings is necessary, the meeting shall and of his entitlement to Union representation. An employee’s Section Head may give written reprimands but suspension or dismissal may only be terminated until such time as imposed after the hearing of a Union representative may be presentcharge by a Regional Vice-President or his delegate. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an A charged employee may be disciplined with held out of service by his Section Head for a suspension from workperiod not to exceed three days, demotion pending investigation by the Regional Vice-President or discharge, such his delegate and the officer ordering the holding out of service must immediately advise the employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise charge or charges against him. Xxxxxxx referred to the possible discipline Regional Vice-President or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooseshis delegate, shall be investigated by him, as soon as possible, at a hearing at which the charged employee is entitled to representation be present and to be represented by a no more than two Union representative when interviewedrepresentatives. In alleged matters Once the Vice-President or his designate feels he possesses the necessary information prior to meeting with the employee, and the information substantiates the possibility of client/patient/inmate/student/resident abusewrongdoing by the employee, administrative leave or other temporary action which does not result in a loss of pay for he shall advise within five days the employee involved may of the anticipated date of the hearing of the charges. The Regional Vice-President or his delegate shall decide whether a charge referred to him is substantiated, and, if so, the discipline to be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action takenimposed, or management returns whether the charged employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articleis exonerated. In the event allegations his decision involves suspension or dismissal, he shall, within three days of client/patient/inmate/student/resident abuse are substantiatedthe hearing, notify the charged employee and his Local Chairperson, in writing, of the decision. An employee who is exonerated of all charges against him shall be paid for time lost while being held out of service and shall be reinstated in his former position without loss of seniority. Page An employee’s service record shall be deemed to be clear, if no discipline involving loss of pay has been imposed and if no other discipline has been imposed within twelve previous months, and, in any case, the Corporation may grant an application from an employee shall with a clear service record for the previous twenty-four months to have his service record deemed to be terminatedclear. No employee Employees covered by this Agreement shall not be suspended without paysubject to discipline or discharge for failing to cross any picket line where there is danger of bodily harm. The Corporation agrees that past disciplinary information of which the employee was not aware has no value, demoted and therefore, shall not be introduced as evidence in the disciplinary investigation, nor in the Grievance Procedure including arbitration. Operating Representation Rights At any administrative inquiry, hearing or dismissed without first having been given notice in writing investigation conducted by a Board named by the Corporation into an operating irregularity as defined under this article(‘), where the actions of an Employee may have had a bearing on the events or circumstances leading thereto, and the Employee is required to appear at the administrative inquiry, hearing or investigation being conducted into such irregularity, he or she may be accompanied by a Union representative of his or her choice. The unavailability of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and Union Representative of choice will not delay the action to be taken shall be specified in a written notice. Any employee receiving a notice inquiry, hearing or investigation more than twenty four hours from the time of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior notification to the action proposedEmployee. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting However, for the appointing authority or his/her designee will give the employee an explanation purposes of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustifiedthis article, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid submit without delay the employee as unemployment benefits which standard incident reports required by the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsCorporation.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action The Employer shall not discipline, suspend without pay, or discharge except for just cause. In any grievance of a disciplinary action, the burden of proof of just cause lies with the Employer. The Employer agrees that no Employee shall be disciplined solely for failure to perform her duties because she is arrested incarcerated provided that the Employee notifies her Supervisor of the situation and the expected duration thereof as soon as reasonably possible. The Employer, however, reserves the right to discipline an Employee for just cause for failure to perform her duties for reasons other than arrest and/or incarceration or for activities which may have been related to or coincident with the arrest and/or incarceration. It is understood that the Employer is not required to pay salary for work not performedduring periods of incarceration outside of the periods provided for in Article The Employer accepts the concept of progressive discipline and agrees to impose discipline only in accordance with the provisions of this Article. It is understood that discipline shall not include suspension with pay. The fact and substance of disciplinary investigations shall be treated as confidential by the Employer. Notification of Employee of the Possible Imposition of Discipline When the Employer has grounds for discipline, the Employer shall forward a letter of allegation to the Employee within ten working days and shall notify the Employee in writing of the time and place of a meeting to discuss the matter, and shall advise the Employee of her right to Union representation. The date for the meeting as specified in the letter shall be no later than ten working days from the date of the letter. Any unsolicited complaint against an Employee shall be promptly communicated to her with proper confidentiality safeguards, where appropriate, and she shall be informed if an investigation will be conducted. The written formal evaluation recommending discipline pursuant to shall also constitute the letter of allegation as required in After this evaluation has been sent to the Employee, the Employer shall notify the Employee in writing of the time and place of a meeting to discuss the matter and shall advise the Employee of her right to Union representation. The date for the meeting as specified in the letter shall be no later than ten working days from the date of the letter. The Employer shall forward to the Union a copy of letters referred to in and above. to the of Discipline The aim of the meeting referred to in or is to provide the parties involved with an opportunity to exchange information and to resolve the matter informally. If the matter is resolved informally, the resolution shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion an agreement as to which action documents shall be amended or removed from the Employee’s Personal File. If the matter is not resolved to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation satisfaction of such meetings is necessarythe parties involved, the meeting Employer may proceed to impose discipline. Imposition of Discipline When the Employer decides to impose discipline, the Employee and the Union shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days nature of the incident giving rise discipline to the possible discipline or within fifteen (15) days of when the State (management outside be imposed and of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay reasons for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative its imposition prior to the action proposeddiscipline taking effect. The Patties agree that the first discipline imposed may take the form of a letter of reprimand. The Parties agree that the Employer may proceed directly to more severe forms of discipline for very serious actions. The Employer may suspend an Employee with full pay and benefits during its consideration and investigation of serious actions allegedly committed by the Employee. It is understood that such a suspension shall not be a form of discipline, shall not be and shall not affect any right the Employee may have to be considered for other positions. Upon the Employee’s return to work following the suspension, the Employer shall not require the Employee to work more hours than those remaining in her employment contract and the Employee shall not be assigned work that is not in keeping with the schedule of duties as set out in the contract, in the instructions given by the Employee’s Supervisor, or in the original schedule of duties. is further understood that the Employee shall not be responsible for any damages or detrimental consequences suffered by the Employer as a result of the Employee not performing certain duties during the suspension period. Grievances Concerning Discipline No grievance filed while the disciplinary process is unfolding may prevent the disciplinary process from continuing to its end. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence grievance against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee a disciplinary measure shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered filed at Step 3 Three of the Grievance Procedure. All records Procedure subject to Article Any discipline or warning shall not be used against any Employee after a period of employee twelve (12) months of employment from the date of the discipline and the pertinent documents shall be retained removed from the Employee’s Personal File after this time, unless the discipline pertains to a very serious action or unless discipline for similar conduct has been recorded within twelve (12) months of employment from the date of the discipline. No Employee in a supervisory capacity will invoke the employee's personnel file consistent with disciplinary provisions of the Personnel Files ArticleCollective Agreement on any other Employee. Records of The Employee in a supervisory capacity shall refer all complaints in which discipline may be removed earlier than indicated to her immediate Supervisor. No Employee in a supervisory capacity shall be required to attend the time frames identified meeting as per and there shall be no recriminations in the Personnel Files Article of this Agreement by mutual agreement of any form whatsoever when an Employee in a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/supervisory capacity chooses to exercise her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsright not to attend such a meeting.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary An Employee who has completed probationary period shall not be disciplined by suspension without pay or by discharge except for cause. No disciplinary action shall include be taken against an Employee for behaviour outside working hours unless, in the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing opinion of actions above the Employer, there is not evidence that such behaviour has brought the Employer into public disrepute. When an Employee is required to attend a meeting where a disciplinary decision concerning is to be construed as being necessary taken by the Employer,. or a Representative of the Employer, the Employee is entitled to have, at request, a Representative of the Alliance attend the meeting. The Employer will advise each Employee of any written reprimand placed on file. A copy of any reprimand is to be sent to the Union. Any Employee so reprimanded may submit case in progression conformity with 'the provisions of the Grievance Procedure outlined in Article Where an Employee is disciplined by suspension without pay or limiting by discharge, the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation Employer, within two (2) working days of such meetings is necessary, disciplinary action advise the meeting shall be terminated until such time as a Union representative may be present. Documentation Alliance of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee in writing. Where it is determined that an Employee has been disciplined by suspension without pay or by discharge in violation of Clause the Employee shall be immediately reinstated in former position without of seniority or accrued benefits including all benefits and salary would have earned during the period of suspension or discharge. The Employer shall ensure that the personnel file of every Employee is kept confidential. It is not the Employer's practice to disclose personal information, other than confirmation of employment, concerning an Employee to creditors, banks, credit bureaus, or similar organizations without the expressed prior and written consent of the Employee concerned. A full-time representative or staff officer of the Alliance shall have access to an Employee's file providing that the Employee in question has given written permission to release information concerning a specific case. Upon written request of an Employee, the personnel file of that Employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay made available at least once per year for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained examination in the employee's personnel file consistent with the Personnel Files Article. Records presence of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly an authorized representative of AFSCME - Council #93 and the appointing authority or his/her designeeEmployer. Employer representatives and employees shall show mutual respect and courtesy toward each other with At the objective request of promoting harmonious relationshipsthe Employee, documents, letters relating to disciplinary action which may have been placed on file will be destroyed after two (2) years, providing no further disciplinary action has been recorded.
Appears in 1 contract
Samples: negotheque.travail.gc.ca
Discipline. Disciplinary action For the purposes of this Agreement, “discipline” shall include any written censure, suspension, unsatisfactory performance appraisal, any change in working conditions, etc. for the following: Written reprimand Suspension (purpose of discipline. All of the above must be recorded in writing) Demotion (in writing) Discharge (in writing) The listing the employee’s personnel file, with respect to oral and written warnings, for a maximum of actions above is twelve months date of issue provided the employee has not received a warning or disciplinary notice for-the same or similar offence within the twelve month period; with respect to be construed as being necessary in progression suspensions, for a maximum of fifteen months from date of issue provided the employee has not received a warning or limiting disciplinary notice for the appointing authority same or his/her designee's discretion as to which action to takesimilar offence within the fifteen month period. Should it become apparent during a counseling session between an employee Such warnings and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting disciplinary notices shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) issued not later than seven calendar days of after the incident or occurrence giving rise to the possible discipline warning or within fifteen (15) days of when disciplinary notice comes to the State (management outside of the bargaining unit) first had knowledge of the incidentEmployer. The provisions A copy of this section are not to all disciplinary actions shall be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that signed by both the employee involved has completed his/her initial probationary period or extension thereof, and the Employer and a copy will be forwarded to the President of the Union within seven working days. If the employee involvedrefuses to sign, if he/she it will be so chooses, shall be entitled to representation noted on the form and initialed by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articlerepresentative. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedany employee is discharged or disciplined, the employee Union shall be terminated. No employee covered notified of such action by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing delivering a copy of the disciplinary action or discharge notice to the Local Union President within five calendar days of the imposition of such discipline or discharge. Whenever a suspension of a defined duration is imposed, it will not be takenput into effect until the grievance procedure and the arbitration procedure, as set out in the written Agreement is exhausted. ARTICLE ARBITRATION Any grievance which has not been settled under the grievance procedure may be referred to arbitration in accordance with the procedure and time limit set forth in Article If no such notice is given in accordance with the procedure and time limit set forth in Article the grievance shall be deemed to have been settled or withdrawn. The conduct Union’s notice of intention to proceed to arbitration shall contain the name and address of its appointee to the Board of Arbitration. within nine calendar days thereafter, the Employer shall notify the Union of the name and address of its appointee to the Board of Arbitration. If the two appointees are unable to agree upon a chairperson within fourteen calendar days thereafter, either party may request the ministry of Labour for which disciplinary action is being imposed the Province of Ontario to appoint a chairperson. No person shall be appointed to the Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. Each of the parties shall bear the expense of the arbitrator appointed by it, and the action parties shall equally bear the expenses and fees of the chairperson of the arbitration board. The Board of Arbitration has no power to be taken shall be specified in a written notice. Any employee receiving a notice of suspensionalter, demotionmodify, amend or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior add to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article provisions of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other to make any decision inconsistent with the objective terms of promoting harmonious relationships.this Agreement. The decision of the majority of the Board of Arbitration shall be final and binding upon the parties hereto and upon any employee or employees affected by it. If there is no majority -decision, the decision of the chairperson shall govern. ARTICLE NO STRIKES OR LOCKOUTS
Appears in 1 contract
Samples: Agreement
Discipline. Disciplinary action Employees shall include receive a copy of any verbal, written, or disciplinary letters that are placed on their file, with a copy to the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to takeUnion. Should it Such letters shall become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's recordwork history. When there the Employer schedules a meeting with the employee in this regard, the Employer shall ensure that a Shop Xxxxxxx or alternate is present at such meeting. Verbal, or disciplinary letters shall not be used for the purpose of compounding discipline after one (1) year. If a possibility that re-occurrence of the same or similar infraction exists within said year, progressive discipline may apply. Where the Union requires an employee may be disciplined with a suspension from explanation of reasons for discipline, hours of work, demotion seniority, the Employer agrees to promptly supply same within ten (10) calendar days from the request, either verbally or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incidentUnion. The provisions of Employees covered by this section are not Agreement will have access to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that their personnel file upon written request by the employee involved has completed his/her initial probationary period during normal office hours. Any document or extension thereofdiscipline that is to be included in an employee's work file must have been brought to the employee's attention at the time the incident occurred, but no later than ten (10) 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 Employer shall first notify the Union affected to arrange a meeting with the employee, Union Representative, and the Employer, to discuss the test. The Employer shall clearly state that the examination is voluntary, and that there shall be no adverse consequence should the employee involved, if he/she so chooses, decline the requested Polygraph Examination. The employee shall be entitled to Union representation by a prior to and after the test, as well, the Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for Representative shall be allowed to accompany the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the said employee to workthe location of the examination, however the Union Representative may not participate in the actual examination. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee Employees covered by this Agreement Agreement, who voluntarily agree to participate in a Polygraph Examination, shall be suspended without pay, demoted or dismissed without first having been given notice in writing provided with a list of the disciplinary action questions to be taken. The conduct for which disciplinary action is being imposed and asked during the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspensionpolygraph, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposedactual Polygraph Examination. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return Anonymous calls to the unemployment agencyCompany shall not be grounds for discipline, warning letters, etc. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall Nothing will be retained in the an employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsregard.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary In the event an employee is disciplined, suspended or discharged for other than irregular attendance, written notification of the action stating reasons for such action shall include be delivered to the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing employee within ten working days of actions above is not the occasion giving rise to the action. Absence due to vacation. sickness or any other reason by the employee involved shall extend the ten days referred to above. An employee shall have the right to have a Xxxxxxx present at any meeting related to discipline. An employee shall have the right to request a copy of the disciplinary notification be construed provided to the Union. I An employee who maintains a clear record for a period of two years following last warning or suspension shall have record cleared at the end of such period as being necessary in progression or limiting it applies to warnings and suspensions for reasons other than irregular attendance. Upon written request to the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between of Human Resources, an employee and his/her supervisor that action beyond shall have access during regular working hours to file retained in the documentation of such meetings is necessary, Human Resources Centre. shall have the meeting right to respond in writing to any document contained therein. Such reply shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the permanent record. The employee shall be subject to disciplinary measures should remove any documents from such file. A union representative may see an employee's recordfile with the employee's written consent. When there is Within the terms of the Agreement. a possibility grievance shall be defined as a difference between the parties arising from the interpretation. application, administration or alleged violation of this Agreement. and which has been submitted by the Union to the Employer in writing. All grievances shall specify the nature of the and the section or sections allegedly violated. In order to ensure that an employee differences between the parties are remedied as quickly as possible, the parties agree that the following procedure for submitting and dealing with grievances shall be adhered to by both parties, provided that any of the time limits imposed herein may be disciplined with a suspension from work, demotion extended by mutual consent. Both parties agree that grievances that are submitted after Step One will have the signature of the Grievance Chairperson or discharge, such employee designate. The grievance will not be notified recognized by party without signature. The Employee and the Union Xxxxxxx shall present the grievance in writing to the employee's Supervisor or within ten (10) working days of the possibility origin of the grievance. Within three (3) working days of the written submission a meeting with the Xxxxxxx, and Supervisor will occur to attempt to resolve the grievance. The or Supervisor shall respond within three working days of the meeting. Failing a satisfactory settlement at Step One. the Chairman of the Grievance Committee. or designate shall submit thewritten grievance to the employee's Department Head within ten (10) working days of the response in Step One. or The Department Head, designate will meet with the Grievance Committee, and the Xxxxxxx if necessary, within ten working days of the receipt of the grievance. The Department Head. or issue in writing to the Chairman of the Grievance Committee within ten (10) working days of the meeting. In the event the Department Head, or designate denies the grievance. the reasons shall be stated in writing. Failing a satisfactory settlement at Step Two. the Chairman of the Grievance Committee. or designate shall submit the written grievance to the of Human Resources within ten (10) working days of the receipt of the response of the Department Head. or designate. The Commissioner of Human Resources, or designate and the Chief Administrative Officer, or designate will meet with the Grievance Committee. the and the Xxxxxxx if necessary. within fifteen (15) working days of the incident giving rise receipt of the grievance. The Commissioner of Human Resources, or will issue a response in writing to the possible discipline or levance Committee within fifteen ten (1510) working days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articlemeeting. In the event allegations the Commissioner of client/patient/inmate/student/resident abuse are substantiatedResources. or designate denies the grievance, the employee reasons shall be terminatedstated in writing. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of Where the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.dispute involves:
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Discipline in the Department shall be progressive and shall be designed to improve behavior, not punish it. Employees shall have the right of access to their personnel and discipline files at reasonable times and intervals. In addition to the provisions of the Fire Fighters' Disciplinary action shall include the following: Written reprimand Suspension (Act as expressed in writing) Demotion (Illinois Compiled Statutes, as set forth in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessarySection 19.2, the meeting parties agree disciplinary materials shall be terminated until such time as a Union representative may expunged from personnel and discipline files within three (3) years for written reprimands and below, unless otherwise mutually agreed by the parties. Disciplinary suspensions for one (1) day or more shall be present. Documentation of such counseling sessions or meetings may become a part expunged from personnel and discipline files within five (5) years after the date of the employee's recordincident which gave rise to the discipline or at the end of litigation if the incident has formed the basis of a suit and criminal case. Such expungements shall take place upon written request by the Employee to the Fire Chief who shall forthwith expunge such records giving the materials to the Employee. When there is a possibility the Employer believes that an employee may just cause exists, notification of possible discipline must be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of received by the possibility union within fifteen (15) days. All charges shall be filed within thirty (30) calendar days of the date of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) Department first had knowledge knew or should have known of the incident, whichever comes later, except where good cause is shown that it was not possible to complete the investigation within the time period. Extensions of such time frames may be made by mutual written Agreement. Employees who are disciplined shall suffer no loss of rights, benefits or privileges other than the discipline itself. Discipline shall be only an oral reprimand, a written reprimand, a suspension of time off from work (however, by mutual Agreement, initial suspensions of (5) five days or less for unexcused absences and/or abuse of time shall be documented, but the Employee shall report to work and lose no wages) or termination, except where subsequent criminal charges are filed. The provisions type of this section are not discipline may be determined by the severity of the infraction. Employees have the right to have an attorney or Union representative present during all questioning and the disciplinary process. A suspension day shall consist of eight (8) hours for forty (40) hour Bargaining Unit Employees and twelve (12) hour days for Division I Employees. In the event disciplinary action is taken against an Employee, other than the issuance of an oral reprimand, the Employer shall furnish the Employee and the Union in writing with a statement of the reasons therefore. The measure of discipline and the statement of reasons may be modified especially in cases involving suspension pending discharge, after the investigation of the total facts and circumstances. For discipline other than reprimands, the Employer shall hold a pre-deprivation meeting. Prior to notifying the Employee of the contemplated measure of discipline to be construed as preventing imposed, the Employer shall notify the Union xxxxxxx of the meeting and reasonably in advance of such meeting shall provide the xxxxxxx with the alleged infraction. The Employer then shall meet with the Employee involved and inform him/her of the reasons for such contemplated disciplinary action being taken within the aforementioned fifteen (15) day periodincluding any names of witnesses and copies of pertinent documents. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, Employees shall be informed of their rights to Union representation and shall be entitled to representation such, if so requested by a the Employee, and the Employee and Union representative when interviewedshall be given the opportunity to rebut or clarify the reasons for such discipline. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which This provision does not result in a loss of pay for waive, suspend or otherwise modify any rights provided the employee involved may be taken to protect Employee or the clients/patients/inmates/students/residents until an investigation is completedUnion by statute, disciplinary is action takenordinance, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedIPLRA, the employee shall be terminated. No employee covered by this Fireman’s Disciplinary Act, contractual Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is other provision not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipslisted.
Appears in 1 contract
Samples: Labor Contract
Discipline. Disciplinary action shall include the following: Oral reprimand Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a written reprimand, suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing When the possibility exists that serious disciplinary actions (suspensions, demotions, discharge) or allegations of client/patient/inmate/student abuse will occur, the State must, providing that the employee involved has completed his/her initial probationary period or extension thereof, the hold a discipline hearing. The employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewedrepresentative. In alleged matters of client/patient/inmate/student/resident student abuse, administrative leave or other temporary action may be taken to protect the residents, inmates, students until said hearing can be held which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to workinvolved. Such administrative leave or other temporary action shall not constitute discipline under this Article. Said hearing will be held prior to any disciplinary action being taken. In the event the disciplinary hearing involves allegations of client/patient/inmate/student/resident student abuse and the allegations are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting to meet with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Articlefile. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 1 contract
Samples: Institutional Services Agreement
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not Employees who are to be construed as being necessary or may be disciplined are entitled to Union Representation exclusively in progression any disciplinary proceedings consistent with the Cook County Disciplinary Action Policy and Procedure. The Union and the County agree that discipline should be timely, progressive and accompanied by counseling. It is understood that all disciplines below suspension shall be discarded after one (1) calendar year if the employee has not received additional discipline for the same or limiting similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the appointing authority date the suspension was issued, provided the employee has not received discipline for the same or his/her designee's discretion as similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be considered in determining future disciplinary actions regardless of how long ago the suspension was issued. Offenses constituting a criminal or civil violation of federal, State or municipal law include, but are not limited to, laws prohibiting discrimination and harassment on the basis of another person’s membership in a protected class. Once discipline is removed, it will not be considered in determining future disciplinary actions; provided, however, that neither the employee nor the Union will claim in any subsequent arbitration that the employee had a "clean" or "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be free to which use any discipline issued to the employee regardless of the provisions of this Section. If the County has reason to discipline an employee, it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action to takepromptly. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessaryGenerally, the pre- disciplinary hearing shall be convened within thirty (30) days of the time the alleged infraction occurred or became known to the Department. This time frame shall not be strictly applied and may be extended if the Employee or the Employee’s representative is granted a delay of the pre- disciplinary hearing or if the pre-disciplinary hearing or its completion is delayed for reasonable cause. The County shall notify the Union and the employee of a pre-disciplinary meeting and set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be relied upon. During the pre-disciplinary meeting the employee and/or the Union representative shall be given an opportunity to rebut or clarify the charges which gave rise to the pre-disciplinary meeting. The pre-disciplinary meeting shall be terminated until such time as scheduled in a Union timely manner. In the event, the Union’s representative may be present. Documentation or designee does not respond to scheduling of such counseling sessions or meetings may become a part of hearing, the employee's record. When there is a possibility that an employee may be disciplined with accordingly. The County shall make every reasonable effort to assign a suspension manager from work, demotion or discharge, such employee will be notified a different department than the department in writing of which the possibility within fifteen (15) days of the incident giving act that gave rise to the possible discipline or within fifteen (15) days pre-disciplinary meeting occurred. An employee's disciplinary record in accordance with the provisions of when the State (management outside Article IV, Section 4.13 of the bargaining unit) first had knowledge Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of the incident. The provisions of this section Stroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period promoted or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipslaterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Disciplinary No employee shall be disciplined (including warnings, reprimands, suspensions without pay or discharge) without just cause. Discipline of personnel under the provisions of this Agreement will be conducted in accordance with the basic concepts of due process. Any such discipline shall be progressive in nature and subject to the Grievance Procedure. Cases of theft, possession of drugs or intoxicants, serious misconduct, and reckless disregard of self or others while on duty are just cause for termination. A copy of the written disciplinary action given the employee will be given to the Association. Any complaint made against an employee shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not be promptly called to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion attention and a corrective procedure given to the employee. A written notice of reprimand shall remain on an employee’s record for no more than three (3) years from date of issue. Any information contained in an employee’s record regarding unprofessional conduct (as defined in 380.1230b of the Revised School Code) shall remain in the employee’s file. All employees shall have the right of Association representation if the employee is subject to which action to takediscipline. Should it become apparent during the disciplined employee consider the reprimand to be improper, a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting complaint shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified presented in writing of through the possibility Association representative to the appropriate supervisor within fifteen five (155) regularly scheduled working days of the incident giving rise disciplinary action. The supervisor will review the discipline and give a written answer within five (5) regularly scheduled working days after receiving the complaint. If the decision is not satisfactory to the possible discipline or Association, the matter shall be referred to Step 2 of the Grievance Procedure within fifteen five (155) days of when after the State (management outside response of the bargaining unit) first had knowledge supervisor. An employee being suspended/discharged will have the right to meet with an Association representative before leaving the Employer’s property. Should the suspended/discharged employee or Association representative consider the suspension to be improper, a complaint shall be presented in writing through the representative to Step 2 of the incidentGrievance Procedure within five (5) regularly scheduled working days of the suspension/discharge. The provisions In case of this section are not discharge, the Employer shall send written notification to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that Association President and the employee involved at the employee’s last known address that seniority has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articlebeen lost and employment has been terminated. In the event allegations case of client/patient/inmate/student/resident abuse are substantiateddischarge, the employee shall be terminatedcompensated for all unused vacation, days at their current rate of pay. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal This amount will be afforded an opportunity for a Xxxxxxxxxx meeting with paid in the appointing authority or his/her representative prior to first pay period following the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions last day of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 1 contract
Samples: Agreement
Discipline. Disciplinary action shall include Within thirty calendar days of the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing effective date of actions above is this Agreement, the Company will publish a set of plant rules, such rules not to be construed as being necessary in progression or limiting inconsistent with the appointing authority or his/her designee's discretion as to which action to taketerms and conditions of the Collective Agreement. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation The penalties for violation of such meetings rules are listed below. It is necessaryunderstood by all parties, that such notice to the meeting shall Union does not constitute acceptance by the Union and that the Union reserves the right to take issue with the application of any rule as well as any penalty assessed. Penalties for the rules will be terminated until such time fixed as follows: Category 1- discipline for offenses of any of this set of rules will be: 1st = written reminder (documentation only) 2nd = written warning 3rd = three day suspension without pay 4th = five day suspension without pay 5th = Discharge Category 2- discipline for offenses of this category are of a more serious nature and can result in suspension and/or discharge. Step One: Investigation The Company will investigate the circumstances of the alleged violation. The employee may be suspended during this time. Step Two: Decision The Employee will be reinstated or terminated, depending on the outcome of the investigation. Discipline for violating a Category II rule will either be a final written warning and suspension or termination. If the Employee is cleared of the rule violation, full pay restitution will be made. If the Employee is terminated, pay will cease at the point of suspension. During any and all of the above proceedings a Union representative may Representative will be present. Documentation • In determining the next penalty to be assessed, no warning or suspension over 12 months old will be considered • All copies of such counseling sessions warnings and suspensions and discharges will be given to the Union at the same time the employee receives it • Each warning or meetings may become a part suspension will state what the penalty for the next offense will be When, in the opinion of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from workCompany, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to in order, it will be taken shall be specified administered in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with timely fashion (usually within five working days after the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation day of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respondoffense). Should an employee be suspended or discharged and it is later proved unjustifiedHowever, the employee shall be reinstated Company may take additional time, as reasonably required, to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any conduct a thorough investigation before administering disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsaction.
Appears in 1 contract
Samples: sp.ltc.gov.on.ca
Discipline. Disciplinary action When an employee is reprimanded, disciplined, suspended, discharged or investigated he/she shall include have a Union representative present. An Employee shall only be disciplined in the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing presence of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which Union representative. The Employee shall be given a letter in writing (except in the case of a verbal warning) of the reasons for any disciplinary action, suspension, discharge or reprimand at the time the action to takeis taken. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation A copy of such meetings letter shall be given to the Employee's Union representative at the same time. If any employee is necessarysuspended or discharged, he/she shall have the right to discuss the mater with the Chairperson/committee person in the Union office, before he/she is required to leave the Company's premises. Such meeting shall take place after the employee has swiped off the clock. In the case of suspension, all parties will meet to discuss the issues. The Company will make every attempt to issue the letter on the day of incident; however should this be terminated until such time as logistically impossible, a Union representative may letter will be present. Documentation of such counseling sessions or meetings may become a part issued no later than before the end of the employee's recordnext working day. When there is a possibility It should be understood and agreed that an employee may extensions to this time limit must be disciplined with a suspension from work, demotion or discharge, such employee will be notified obtained in writing of by mutual agreement between the possibility Company and Union. The Employer shall take any disciplinary action, suspension or discharge within fifteen three (153) working days of the date of the incident giving rise to the possible discipline or within fifteen three (153) working days of when the State (management outside of date on which the bargaining unit) first had knowledge Employer became aware of the incident. The provisions onus is on the Employer to prove that they could not have known about the incident. At any stage of this section are not the grievance procedure, including Arbitration, the Company will be held to the grounds for discipline, suspension or discharge set out in such letters. In addition, the Union shall be held to the grounds set out in any written grievance. It is recognized that a period of probation is a period during which the Employer has the right to assess an Employee to determine whether such Employee is, in the sole opinion of the Employer, acceptable for employment. It is therefore recognized and agreed that probationary Employees may be released or dismissed at the absolute and sole discretion of the Employer during the probationary period and that such release or dismissal shall be for just cause. Any notice of disciplinary action which is intended to form part of an employees employment record, shall be given in writing with a copy to the Union and all such notice shall be deemed to be construed void and will not be used against him/her in accordance with the dates stipulated below. Written warnings - after 6 months. Suspension - 12 months Discharge records to remain on file unless stipulated through Arbitration or a grievance settlement. Or such documents will be removed irrespective of the above as preventing disciplinary action being taken within the aforementioned fifteen (15) day periodresult of any settlements under the Grievance Procedure or without grievance procedure, when the matter is settled between the parties. Providing that the Each employee involved has completed shall have access to examine any document expressing dissatisfaction with his/her initial probationary period performance or extension thereofconduct which is in his/her corporate employment file with the Chairperson (or alternate Chairperson when in place) present. The employee shall have the right to comment on any documentation in their employment file by writing to the Manager, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to workHuman Resources. Such administrative leave or other temporary action shall not constitute discipline under this Articlecorrespondence will be added to the employees file. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedUpon request, the employee shall be terminatedreceive a copy of any documentation in their file. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing Such review of the disciplinary action to employment file shall take place in the Human Resources office. An appointment must be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified made in a written notice. Any employee receiving a advance with reasonable notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action shall include Whenever a written work infraction is issued, or whenever a recommendation is made for suspension or discharge of any employee, a copy of the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting work infraction report shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility delivered within fifteen seven (157) calendar days of the incident occasion giving rise to the possible discipline work infraction report, or within fifteen (15) days of when the State (management outside date on which the Corporation becomes aware of the bargaining unit) first had knowledge occasion, to the employee in the presence of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, Union Xxxxxxx who shall be entitled to representation by also receive a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing copy of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspensionsaid report; provided however, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which where the employee is not required at work and it is not possible to return deliver the infraction personally to him, such infraction report shall be sent to the unemployment agencyemployee by certified mail kit, registered mail, or telegram and a copy shall be delivered to the Union Xxxxxxx. Any disciplinary action taken The Parties agree that the Executive Director or designate has the right to suspend or discharge an employee, subject to the grievance process. 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. 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 within five (5) working days after delivery of the infraction report. At the hearing before the Chief Administrative Officer or Acting Chief Administrative Officer in cases of 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 grievance under Article It is agreed that whenever a suspension is imposed it will not be put into effect until the grievance procedure as set out in Article and is exhausted, provided that Management shall have the right at any time to remove any employee from his job for reason of safety to himself or other to prevent damage to equipment. In imposing discipline on a current charge, the Corporation shall not take into account any infraction which occurred more than thirty (30) months previously. ARTICLE SENIORITY In this agreement, "Overall Seniority" shall mean the length of continuous service with the Corporation as an employee whose name is on within the jurisdiction of Local measured the date from which seniority commenced in accordance with Article herein. Employees transferring from Local through the job posting procedure shall carry with them all accredited seniority from their previous occupation. "Classification Seniority'' shall mean the length of service within a department in a classification held by the employee measured from the date of the job posting through which the employee obtained the classification. Two lists shall be maintained in the Parks and Recreation Department showing the overall seniority as defined in Article (a) and the other, showing classification seniority as defined in Article for each employee in that department. An overall seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained maintained in the employee's personnel file consistent with Public Works Department, including both branches, showing the Personnel Files overall seniority as defined in Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action No employee shall include be suspended (except for investigation), disciplined or discharged until a fair and impartial investigation has been conducted and his responsibility established. Minor incidents be handled by use of an informal investigationprocedure. Investigations Investigations of minor incidents be handled as quickly as possible and subsequently reviewed the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing concerned. In cases where the assessment of actions above discipline is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessarywarranted, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified advised in writing within calendar days from the date the incident is reviewed with him unless otherwise mutually agreed. A copy of the possibility Report of Incident and a copy of the Form issued will be sent to the Director on the property and the Local Chairman. A maximum of demerits may be issued in an informal investigation. When an employee is notified of the conclusions reached by the Company, and of the discipline assessed, if any, he shall, if such are not acceptable to him, have the right to exercise one of the following options: if is not in accord with the conclusions reached by the Company may, within fifteen (15) calendar days of receipt of such notification, so advise the incident giving rise proper officer of the Company and request a formal investigation under the procedures set forth in Section hereof; or if accepts the conclusions reached by the Company but is not in accord with the discipline assessed, may initiate an appeal of the discipline in accordance with the grievance procedure of the CollectiveAgreement, but commencing with Step \ investigations formal investigationwill be held: in the case of an employee committing an alleged dismissible offense; when an employee is alleged to have committed a minor offense where the seriousness of such offense might warrant discipline to the possible discipline extent that when added to current record could result in discharge for accumulation of xxxxxx marks; when an employee is alleged to have been involved in a major incident; an employee is involved in an incident where the need for information and appropriate documentation is required by order, regulation or within fifteen (15) days of when Company requirements. When required to attend a formal investigation, an employee will be given at least hours' notice in writing. The notice will include the State (management outside date, time, place and subject matter of the bargaining unit) first had knowledge hearing. Where an employee wishes to have an 'accredited representative appear with at a hearing and such a representative cannot be made available for the time set for the hearing, the employee, either directly or through an accredited representative, may seek a delay in the hearing sufficient for the Union to have an accredited representative made available. Concurrence to such a request will not be unreasonably withheld by the proper officer of the incidentCompany. The provisions Application of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does provision will not result in a loss need for a second notice period under the terms of pay for above. * For the purposes of the provision, the following Brotherhood will be considered accredited representatives: President, Federation General Chairmen, General Chairmen, Area Chairmen, Local Chairmen, and Grievance Representatives Where an employee involved so wishes, an accredited representative may be taken appear with at the hearing. Prior to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns commencement of the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedhearing, the employee shall will be terminatedprovided with a copy of all the written evidence as well as any oral evidence which has been recorded and which has a bearing on involvement. No The employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing and accredited representative will have the right to hear all of the disciplinary action evidence submitted and will be given an opportunity through the presiding officer to be takenask questions of the witnesses (including Company Officers where whose evidence may have a bearing on involvement. The conduct for which disciplinary action is being imposed questions and answers will be recorded and the action to employee and accredited representativeWill be taken shall be specified in furnished with a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation copy of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsstatement.
Appears in 1 contract
Samples: negotech.labour.gc.ca
Discipline. Disciplinary action No employee who has completed hidher probationary period shall include be disciplined or discharged except for just and reasonable cause. An employee shall be notified in of any written expression of dissatisfactionconcerninghidher work within five (5) workingdays of cause for dissatisfactionbecomingknownto hidher Supervisor. A copy of such expression of dissatisfactionshall be providedto the following: Written reprimand Suspension LocalUnionPresidentor hidher designatewithin twenty four (in writing24) Demotion (in writing) Discharge (in writing) The listing hours of actions above issuanceto the employee. If this procedure is not followed, such expression of dissatisfactionshall notbecomepartof their disciplinaryrecords for use against at any time. This shall not prevent oral expressions of dissatisfaction, but such oral expressions must be reduced to be construed as being necessary in progression writing within five (5) working days before becoming part of an employee's record. The term expression of dissatisfaction” shall mean any discipline which is reduced warnings, suspensions, disciplinary demotions and discharge. Oral discussions and e-mails which are communication by way of feedback or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation coachingand are not clearly identifiedas expressions of such meetings is necessary, the meeting dissatisfaction” shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a not part of the employee's ’s disciplinary record. When there is However, evidence of such communications may be in arbitration or other proceeding for the purpose of responding to, or rebutting, an allegation by a possibility 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) 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 disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of detrimental to advancementor standing within the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incidentCompany. The provisions of this section are not employee’s reply to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period such complaint or extension thereof, the employee involvedaccusation, if he/she so choosesreceivedwithin five (5) working days after has been given the complaint or accusation, shall be entitled to representation by a Union representative when interviewedcome part of record. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the An employee shall be terminatedhave access to personnelfile in the presence of hidher manager or designate duringoffice hours at a mutually time, but in no event later than five (5) days after the initial request. No An employee covered by this Agreement has been discharged or suspended shall be suspended without pay, demoted or dismissed without first having been given notice in writing the opportunity of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A seeing Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employeerepresentativebefore isrequiredto leavethe Company's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipspremises.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action The Employer shall include the following: Written reprimand Suspension (not discharge or discipline any Employee without cause and discipline shall be in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not accordance with work rules except that no prior discipline or warning need to be construed as being necessary imposed on any Employee before such Employee is discharged or disciplined if the misconduct is so aggravated, in progression or limiting the appointing authority or his/her designee's discretion opinion of the Employer, as to which action require immediate discharge. The Association reserves the right to takeargue the reasonableness of any work rule not mutually agreed upon by filing a grievance within five (5) work days after the work rule is established. Should it become apparent during a counseling session between Discharge or discipline must be by written notice and any Employee may request an employee investigation as to that Employee's discharge or discipline, and his/her supervisor should such investigation prove that action beyond the documentation of Employee was without fault, such meetings Employee shall be reinstated. If the Employee is necessaryfound to be with fault, the meeting penalty shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Articlestand unchanged. In the event allegations of client/patient/inmate/student/resident abuse are substantiatedthat any Employee is discharged or disciplined for any reason, such Employee shall have, upon written request, a hearing with an Employer representative within twenty-four (24) hours. If, after the hearing, the employee Employee is found without fault, such Employee shall be terminatedreinstated. No employee covered by this Agreement However, if the Employee is found to be with fault, the penalty shall stand unchanged. If the dispute is not settled satisfactorily it may be submitted under the Grievance Article. The Employee may have a Union representative in any meeting regarding discipline or discharge. Employees shall be suspended without paygiven a minimum of one (1) clock hour’s notice of meetings regarding discipline or discharge. The Employer agrees that it will give verbal warnings, demoted or dismissed without first having been given notice written warnings, and suspensions to Employees prior to discharge where the misconduct is not so aggravated, in writing the opinion of the disciplinary Employer, as to call for immediate discharge. Grievances protesting discipline or discharge must be filed within five (5) working days after the action was taken and failure to abide by such time limit shall be taken. The conduct for which disciplinary action is being imposed construed as a waiver, by both the Union and the action to be taken shall be specified in a written notice. Any employee receiving a notice Employee or Employees involved of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation any protest of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsaction.
Appears in 1 contract
Samples: Agreement
Discipline. Disciplinary action Employees shall include receive a copy of any verba\, written, or disciplinary letters that are placed on their file, a copy to the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to takeUnion. Should it Such letters shall become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's recordwork history. When there 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 possibility that re-occurrence of the same or similar Infraction exists within said year, progressive discipline may apply. Where the Union requires an employee may be disciplined with a suspension from explanation of reasons for discipline, hours of work, demotion the Employer agrees to promptly supply same within ten calendar days from the request, either verbally or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incidentUnion. The provisions of Employees covered by this section are not Agreement will have access to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that their personnel file upon written request by the employee involved has completed his/her initial probationary period during normal office hours. Any document or extension thereofdiscipline that is to be included in an employee's work file must have been brought to the employee's attention at the time the incident occurred, but no later than ten days from each occurrence, or from the day of discovery of the violation. In the event the Employer requests any Bargaining Unit to undergo a Polygraph Examination (lie detector) or similar mechanical or physical test for any reason, the Employer shall first notify the Union Officer affected to arrange a meeting with the employee, Union Representative, and the Employer, to discuss the test. The Employer shall clearly state that the examination is voluntary, and that there shall be no adverse consequence should the employee involved, if he/she so chooses, decline the requested Polygraph Examination. The employee shall be entitled to Union representation by a prior to and after the test, as well, the Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for Representativeshall be allowed to accompany the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the said employee to workthe location of the examination, however the Union Representative may not in the actual examination. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee Employees covered by this Agreement Agreement, who voluntarily agree to participate in a Polygraph Examination, shall be suspended without pay, demoted or dismissed without first having been given notice in writing provided with a of the disciplinary action questions to be taken. The conduct for which disciplinary action is being imposed and asked during the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspensionpolygraph, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposedactual Polygraph Examination. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return Anonymous calls to the unemployment agencyCompany shall not be grounds for discipline, warning letters, etc. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall Nothing will be retained in the an employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipsregard.
Appears in 1 contract
Samples: Collective Agreement
Discipline. Disciplinary action shall include the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not Employees who are to be construed as being necessary or may be disciplined are entitled to Union Representation exclusively in progression any disciplinary proceedings consistent with the Xxxx County Disciplinary Action Policy and Procedure. The Union and the County agree that discipline should be timely, progressive and accompanied by counseling. It is understood that all disciplines below suspension shall be discarded after one (1) calendar year if the employee has not received additional discipline for the same or limiting similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the appointing authority date the suspension was issued, provided the employee has not received discipline for the same or his/her designee's discretion as similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be considered in determining future disciplinary actions regardless of how long ago the suspension was issued. Offenses constituting a criminal or civil violation of federal, State or municipal law include, but are not limited to, laws prohibiting discrimination and harassment on the basis of another person’s membership in a protected class. Once discipline is removed, it will not be considered in determining future disciplinary actions; provided, however, that neither the employee nor the Union will claim in any subsequent arbitration that the employee had a "clean" or "unblemished" record. In the event the Union or the employee makes such a claim or claims the County will be free to which action use any discipline issued to takethe employee regardless of the provisions of this Section. Should it become apparent during a counseling session between If the County has reason to discipline an employee it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and his/her supervisor that discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action beyond the documentation of such meetings is necessarypromptly. Generally, the pre-disciplinary hearing shall be convened within thirty (30) days of the time the alleged infraction occurred or became known to the Department. This time frame shall not be strictly applied and may be extended if the Employee or the Employee’s representative is granted a delay of the pre-disciplinary hearing or if the pre- disciplinary hearing or its completion is delayed for reasonable cause. The County shall notify the Union and the employee of a pre-disciplinary meeting and set forth a brief statement of the facts surrounding the incident including dates if known and identify any witnesses whose testimony will be relied upon. During the pre-disciplinary meeting the employee and/or the Union representative shall be given an opportunity to rebut or clarify the charges which gave rise to the pre-disciplinary meeting. The pre-disciplinary meeting shall be terminated until such time as scheduled in a Union timely manner. In the event, the Union’s representative may be present. Documentation or designee does not respond to scheduling of such counseling sessions or meetings may become a part of hearing, the employee's record. When there is a possibility that an employee may be disciplined with accordingly. The County shall make every reasonable effort to assign a suspension manager from work, demotion or discharge, such employee will be notified a different department than the department in writing of which the possibility within fifteen (15) days of the incident giving act that gave rise to the possible discipline or within fifteen (15) days pre-disciplinary meeting occurred. An employee's disciplinary record in accordance with the provisions of when the State (management outside Article IV, Section 4.13 of the bargaining unit) first had knowledge Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of the incident. The provisions of this section Stroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipspromoted orlaterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. Disciplinary action For the purpose of this article Supervisor in the case of a school shall include mean the following: Written reprimand Suspension (Principal. District School Board will administer discipline in writing) Demotion (a manner consistent with the concept of progressive discipline. Discipline will be employed to correct improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of severe misconduct, the Board may bypass the normal progressive discipline process. Employees must be aware that potential disciplinary actions will be invoked by the employer for misconduct or unacceptable work performance. Supervisors are responsible for addressing potential situations that might draw discipline. Employees who are behaving or performing in writing) Discharge (a manner that might warrant discipline will be made aware of the nature of the unacceptable behaviour and the potential for discipline by the appropriate supervisor. Supervisors are expected to investigate offenses and performance problems fully and concisely. Each situation will be factually documented in writing) The listing a timely manner by the appropriate supervisor. Progressive discipline will be applied in cases where the misconduct or performance problem is within the control of actions above the employee. A disciplinary response is not to be construed as being necessary immediately justified if the situation is beyond the employee's control. The Board has a responsibilityto inform the employee of the lack of adequate performance and, in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and his/her supervisor that action beyond provide suitable counseling. If the documentation individual continues performing inadequately and has had a reasonable amount of such meetings is necessarytime to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representativepresent at disciplinary meetings with the Board. The Board will notify the employee in advance of a meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings. When an employee has been dismissed, the employee shall be terminated until such time as have the opportunity of interviewing a Union representative may in private for a reasonable period of time before leaving the Board premises. A claim by an employee for unjust suspension or discharge shall be presenttreated as a grievance and handled in accordance with Article commencing at The term "employee" under this section shall refer only to employees who have completed their probationary periods. Documentation The Board will verbally notify the Union of such counseling sessions any letter of discipline, suspension, or meetings may become discharge sent to a part Union member. The Union will be notified within five (5) working days of the employee's recordreceipt of said letter. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has completed his/her initial probationary period or extension thereof, the employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewed. In alleged matters of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Article. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.ARTICLE
Appears in 1 contract
Samples: Agreement
Discipline. The parties agree the purpose of discipline is correction. Its primary purpose is to employees perform their duties in accordance with Corporation rules, directives and regulations. It is agreed that the parties will deal with matters of discipline within ten (10) days of the supervisor becoming aware of the incident. If the matter cannot be dealt with due to the employee’s absence, the period will be extended by the length of the absence. 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 action measures taken against employees shall include be for just and sufficient cause. It is understood that all measures of discipline will be contained in the following: Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) employee’s status and pay file. The listing of actions above following outlines the process which must be followed when the Corporation decides discipline is not to be construed as imposed. Prior to any discipline being necessary in progression or limiting the appointing authority or his/her designee's discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessaryimposed, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a suspension from work, demotion or discharge, such employee will be given notice in writing to attend a meeting. This notice will contain the subject matter to be discussed at the and the employee shall be advised of right to have a union representative the location attend as an advisor. However, the unavailability of an advisor will not delay the meeting for more than five (5) working days the date of notification to the employee. At the meeting there shall be a full discussion between the employee, the employee’s supervisor other designated management representative. Following this meeting, any disciplinary action that is taken shall be communicated to the employee in writing, outlining all the pertinent details and for imposing discipline. Such written notice must be sent to the employee and action initiated within twenty (20) days of the discussion. A copy will be sent to the local union officer. If such notice cannot be sent, or if the action cannot be initiated, due to the employee’s absence, the period will be extended by the length of the absence. If the twenty (20) day 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 possibility within fifteen (15) days reason for the delay and extension. If this procedure is not followed, such discipline shall not be taken and shall not become part of the incident giving rise employee’s record or used against at any time. When any discipline is found to be unjustified documents referring to the possible discipline or within fifteen imposed and action taken shall be removed from the employee’s record and destroyed. Management reserves the right to remove employees from the workplace, (15pending a final decision) days subject to Management satisfying the onus of when the State (management outside proof that it has just and sufficient cause to do so. There shall be no dismissal of the bargaining unit) first had knowledge of the incident. The provisions of this section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing that the employee involved has full-time permanent continuing employees who have completed his/her initial their probationary period or extension thereofexcept for just and sufficient cause. In addition to the employee’s rights under the Grievance Procedure, the employee involvedhas the right to reply in writing to any discipline imposed. The employee’s reply, if he/she so choosesreceived within twenty (20) working days after has been given notice, shall be entitled to representation by a Union representative when interviewed. In alleged matters become part of client/patient/inmate/student/resident abuse, administrative leave or other temporary action which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to work. Such administrative leave or other temporary action shall not constitute discipline under this Article. In the event allegations of client/patient/inmate/student/resident abuse are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed and the action to be taken shall be specified in a written notice. Any employee receiving a notice of suspension, demotion, or dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting with the appointing authority or his/her representative prior to the action proposed. A Union representative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedurerecord. All records of employee documents referring to discipline shall be retained in removed the employee's personnel ’s status and pay file consistent when the employee has completed twenty-four (24) months with the Personnel Files Article. Records of no further discipline may for a similar All documents to discipline shall be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 employee’s status and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationshipspay file after thirty (30) months.
Appears in 1 contract
Samples: Of Agreement
Discipline. Disciplinary action shall include the following: Oral reprimand Written reprimand Suspension (in writing) Demotion (in writing) Discharge (in writing) The listing of actions above is not to be construed as being necessary in progression or limiting the appointing authority or his/her designee's discretion discretion as to which action to take. Should it become apparent during a counseling session between an employee and his/her supervisor that action beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union representative may be present. Documentation of such counseling sessions or meetings may become a part of the employee's record. When there is a possibility that an employee may be disciplined with a written reprimand, suspension from work, demotion or discharge, such employee will be notified in writing of the possibility within fifteen (15) days of the incident giving rise to the possible discipline or within fifteen (15) days of when the State (management outside of the bargaining unit) first had knowledge of the incident. The provisions of this section section are not to be construed as preventing disciplinary action being taken within the aforementioned fifteen (15) day period. Providing When the possibility exists that serious disciplinary actions (suspensions, demotions, discharge) or allegations of client/patient/inmate/student abuse will occur, the State must, providing that the employee employee involved has completed his/her initial probationary probationary period or extension thereof, the hold a discipline hearing. The employee involved, if he/she so chooses, shall be entitled to representation by a Union representative when interviewedrepresentative. In alleged matters of client/patient/inmate/student/resident student abuse, administrative leave or other temporary action may be taken to protect the residents, inmates, students until said hearing can be held which does not result in a loss of pay for the employee involved may be taken to protect the clients/patients/inmates/students/residents until an investigation is completed, disciplinary is action taken, or management returns the employee to workinvolved. Such administrative leave or other temporary action shall not constitute constitute discipline under this Article. Said hearing will be held prior to any disciplinary action being taken. In the event the disciplinary hearing involves allegations of client/patient/inmate/student/resident student abuse and the allegations are substantiated, the employee shall be terminated. No employee covered by this Agreement shall be suspended without pay, demoted or dismissed without first having been given notice notice in writing of the disciplinary action to be taken. The conduct for which disciplinary action is being imposed imposed and the action to be taken shall be specified in a written noticenotice. Any employee receiving receiving a notice notice of suspension, demotion, or dismissal dismissal will be afforded an opportunity for a Xxxxxxxxxx meeting to meet with the appointing authority or his/her representative representative prior to the action proposed. A Union representativerepresentative/xxxxxxx may be present. At that Xxxxxxxxxx meeting the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Should an employee be suspended or discharged and it is later proved unjustified, the employee shall be reinstated to his/her regular job and shall be made whole (including but not limited to full compensation for all lost time and to full restoration of all other rights and conditions of employment), minus any moneys earned in another job or any moneys paid the employee employee as unemployment benefits which the employee is not required to return to the unemployment agency. Any disciplinary action taken on an employee whose name is on the seniority list shall be for just cause and may be processed through the Grievance and Arbitration Arbitration Procedure. Grievances concerning disciplinary suspensions from work, demotions and discharges from employment may be entered at Step 3 of the Grievance Procedure. All records of employee discipline shall be retained in the employee's personnel file consistent with the Personnel Files Articlefile. Records of discipline may be removed earlier than the time frames identified in the Personnel Files Article of this Agreement by mutual agreement of a duly authorized representative of AFSCME - Council #93 and the appointing authority or his/her designee. Employer representatives and employees shall show mutual respect and courtesy toward each other with the objective of promoting harmonious relationships.
Appears in 1 contract
Samples: Institutional Services Agreement
