Discipline. Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances. Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections. Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee. Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals. Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed. Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing. Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing. Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head. Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate. Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion. Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department. Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records. Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves For the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration purpose of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except article Supervisor in the case of termination)a school shall mean the Principal.
15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. This principle shall 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 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 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 the employee. A disciplinary response is not apply immediately justified if the situation is beyond the employee's control. The Board has a responsibility to deliberate or serious offenses which may lead to inform the employee of the lack of adequate performance and, in the case of an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing employee who has completed the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has give them a reasonable belief that time to improve, offer the interview may result in disciplinary action against him or heremployee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Employee has Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right, upon request, right to have a Union representative presentpresent at disciplinary meetings with the Board. Management is not required The Board will notify the employee in advance of a disciplinary meeting and the employee's right to inform have Union representation at the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationmeeting. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or a representative of The Canadian Office and Professional Employees Union present at the hearingall disciplinary meetings.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded 15.2 When an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearingemployee has been dismissed, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee employee shall have the right opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises.
15.3 A claim by an employee for unjust suspension or discharge shall be treated as a grievance and handled in accordance with Article 13, commencing at 13.2.2.
15.4 The term "employee" under this section shall refer only to appeal or grieve such discipline as provided under Article 14 or Article 15 employees who have completed their probationary periods.
15.5 The Board will verbally notify the Union of this Agreementany letter of discipline, suspension, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending discharge sent to a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveUnion member. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and Union will be notified within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon employee's receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionsaid letter.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. 17.1 The Director or his/her designee may discipline an employee only for just cause. Discipline shall be carried out in a manner which is least likely to embarrass the employee before other employees or the public.
Section 13.1 17.2 Disciplinary action or measure shall include only the following:
A. Verbal reprimand,
B. Written reprimand,
C. Suspension without pay, D. Demotion, E. Discharge.
17.3 The City reserves parties agree that progressive and escalating levels of discipline are preferable to allow an employee proper notice of misconduct and the right opportunity to improve performance and to allow the Employer to document prior disciplinary matters. The level or degree of discipline imposed shall be appropriately based on an employee's prior record of service, severity of offense and prior record of discipline. The order in which these criteria appear are not indicative of their priority. An employee may be suspended without pay when said employee has first received one (1) written reprimand relating to said employee's previous work or conduct. An employee may be discharged when said employee has first received a suspension relating to said employee's previous work or conduct. All previous disciplinary actions in an employee's file may be evaluated and considered in a disciplinary action.
17.4 Notwithstanding subsection 17.3 above, the Director may immediately suspend or discharge any non-probationary Employee an employee for cause. Any a serious event which presents just cause for discipline inclusive of such discipline events as may be deemed to be just cause or discharge shall be as amended subject to the Grievance or Appeals Procedure as applicableprovisions contained in Article 18 below.
17.5 The Employer may discipline an employee for just cause. In the administration Notice of this Article, discipline said disciplinary action shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses employee and to provide notification of hearing to employees within Union no later than thirty (30) calendar days from becoming aware the conclusion of the alleged offense. A disciplinary action report should be offered to investigatory proceedings regarding the Employee within seven (7) calendar days of completion of a final pre-action improper work, incident, or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in conduct by the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completedemployee.
Section 13.6 Employees shall 17.6 Disciplinary action may be given the opportunity reviewed pursuant to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 18 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action 17.7 Written reprimands and written records of oral reprimands (excluding suspensions or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer demotions) shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request be automatically expunged from the Union. If employees personnel file eighteen (18) months from the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay date of issuance and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally no longer be considered in evaluating future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based discipline if no other written reprimands on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentsame subject matter have been issued during that time period.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
Discipline. .1 The Union and the District subscribe to the concept of progressive corrective discipline. Steps of progressive corrective discipline are: (1) verbal warning, (2) written warning, (3) written reprimand, (4) suspension without pay, and (5) discharge. While it is desirable to follow the normal sequence of progressive corrective discipline, an infraction may be of such a serious nature as to warrant more severe actions immediately.
Section 13.1 .2 The City reserves intent of discipline is to be progressive and corrective in nature and the right to specific type of discipline implemented will be dependent upon the severity and frequency of the unacceptable behavior.
.3 The discipline or discharge any non-of Bargaining Unit Member who has completed the required period of probationary Employee employment with the District shall be in accordance with this Agreement, provided it does not violate the relevant provisions of the Illinois School Code.
.4 A Bargaining Unit Member may be disciplined with just cause for causeviolation of work rules, and in addition thereto, for acts or omissions to act which unnecessarily endanger the health, safety or property of students, other District employees or members of the public. Any Disciplinary action will be administered in a timely manner and as not to cause unnecessary embarrassment to the Bargaining Unit Member. Discipline will be issued for just cause and will be issued as soon as practicable after the District becomes aware of the event or action giving rise to the discipline. An effort will be made to administer such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming of the time the District becomes aware of the alleged offense. A disciplinary event or action report should be offered giving rise to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationdiscipline. Upon Management providing written notice of a delay in In the process stated aboveevent the District is unable to obtain evidence to support its charges due to matters beyond its control, Management the Bargaining Unit Member and the Union will be given additional timenotified within a thirty (30) day period that discipline may be administered at a later time when evidence becomes available to the District. The written notice shall provide Suspension With Pay Nothing prohibits the Employee Board or Superintendent from suspending a Bargaining Unit Member with pay pending an estimated date when investigation of possible Bargaining Unit Member’s wrongdoing. Suspensions with pay are not deemed disciplinary. Just Cause Suspension Without Pay and Termination Prior to the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice termination of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearingBargaining Unit Member, the Xxxxxxx or representative Bargaining Unit Member shall be afforded the opportunity have a right to meet privately a conference with the hearing officer for no more than ten (10) minutes prior to Superintendent. At the hearing officer meeting with management representatives. Hearings shall Bargaining Unit Member’s request, a Union representative will be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leavepresent. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of specific grounds forming the basis for the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee termination shall be placed on either authorized personal leave or leave without pay made available to the Bargaining Unit Member and the timeframes for investigation and the pay status determination shall be solely Union in writing at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part least forty-eight (48) hours in advance of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive disciplineconference. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to the Board after a maximum of five (5) days and shall not be grievabledue process hearing can terminate a Bargaining Unit Member.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 A. The City Employer will not discharge or take disciplinary action against a non-probationary Bargaining Unit member without just cause. Where appropriate, such disciplinary action will be corrective and progressive in nature; provided, however, and subject to just cause standards, the Employer reserves the right to issue discipline or discharge any appropriate to the offense. In cases of serious misconduct, the Employer may administer accelerated discipline, up to and including discharge.
B. The Employer reserves the right to place an Employee on a non-probationary Employee for cause. Any such discipline or discharge shall be subject to disciplinary paid administrative leave pending the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part outcome of an investigation. The Employer shall not extend such leaves longer than necessary to conduct a thorough investigation and ensure the safety of patients, staff, and the Employee(s). The Employer agrees to make reasonable efforts to return the Employee to the workplace prior to the conclusion of the investigation, when possible. The Employer agrees to meet with the Union upon request to the share status of the investigation and address any concerns the Union or Employee may have.
C. When a supervisor or manager wishes to conduct an investigatory interview with an Employee, the supervisor will inform the Employee of the purpose of the meeting. If the circumstances are such that disciplinary action could result, the Employee will be informed that they have a right to have a Union Representative present at the meeting, and the Employee has will be afforded a reasonable belief that amount of time to secure union representation.
D. Once the interview may result in disciplinary action against him or herinvestigation is concluded, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between University will notify the Employee and supervision. Counseling is not considered the Union Representative in writing of any decision to discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to or discharge the Employee. The University will not discharge, suspend or present a disciplinary action to an Employee may provide a written response, which shall be retained over the telephone provided that the Employee agrees to return to work to meet with the written supervisor.
E. When the University intends to order an Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in leave work for disciplinary reasons, the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees 's union representative shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning by the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date University and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately consult with the hearing officer Employee for no more than ten (10) minutes prior to a reasonable period of time before the hearing officer meeting with management representativesEmployee leaves the premises. Hearings shall be conducted by an impartial hearing officer designated by If, however, the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action immediate removal of the Employee and if appropriate, recommend corrective action from University premises is necessary to prevent injury to the EmployeeEmployee or others or disruption of the workplace, such opportunity need not be afforded. In such a case, the University shall notify the Union of the incident.
F. Notwithstanding Section A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearingArticle, the City may suspend an Employee until investigation of the incident is completed Medical Staff Bylaws, Rules and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnifyRegulations, and to hold related Medical Staff policies and procedures currently in effect or hereinafter adopted, all as approved and overseen by the Employer harmless for any legal proceeding arising from University of Michigan Health System Board as the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if acceptedgoverning body, shall be considered a suspension without pay for purposes observed by all Bargaining Unit Employees. In addition, policies, procedures and Standard Practice Guides of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve the University and University of Michigan Hospitals (12UMH) month period. Vacation Leave accrual reduction currently in effect or hereinafter adopted shall be limited to a maximum of five (5) days and shall not be grievableobserved by all Bargaining Unit Employees.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 801 The City reserves the right to discipline Employer shall discipline, suspend or discharge any non-probationary Employee Health Care Professional for causejust cause only. Any such discipline or discharge 802 All Health Care Professionals shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate have an Association Representative present at any meeting with supervisors or Management representatives when such meetings are accusatory or disciplinary in such a meeting nature. Management will advise the concerned Health Care Professional if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware intent of the alleged offensemeeting is to be investigatory, accusatory or disciplinary in nature. A disciplinary action report should be offered to 803 The Employer shall notify the Employee State Association of a discharge within seven (7) calendar days of completion of a final pre-workdays stating the reason for the action or pre-termination hearing resulting in discipline or taken. Such notice may first be made by telephone, with written confirmation to be made as soon thereafter as is reasonable. In the event an Association Representative is present during the termination. Upon Management providing written notice of a delay in , the process stated above, Management Association will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity deemed to have an IT/IS Unit Xxxxxxx or representative, chosen been notified. Receipt by a Local Affiliate officer of the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that Disciplinary Action will constitute notification as referred to in this Paragraph. 804 If the Employee Association is being not notified within seven (7) workdays, the termination will be considered for discipline involving a suspension without pay or demotion as a possible outcome automatically appealed to Step Two of the hearingGrievance Procedure. Notice 805 Health Care Professionals will receive copies of a pre-termination hearing means that the Employee is being considered for any level of discipline up to all disciplinary notices placed in their personnel files and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such rebut in writing any disciplinary notice. Such rebuttal shall be attached to the disciplinary notice and placed in the personnel file. Any materials relating to discipline for which there has been no reoccurrence for one (1) year shall not be used as provided under Article 14 or Article 15 of this Agreement, or under a basis for progressive discipline in any future matters and will be removed after one (1) year. The Health Care Professionals shall have the administrative grievance procedure provided within Section 400 right to review their personnel files to ensure the outdated disciplinary notices have been removed. 806 It is the intent of the Personnel Policies and Procedure Manual, as Employer to utilize progressive discipline in normal circumstances. The discipline imposed will be appropriate to the offense. Where deemed appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City Employer may suspend an Employee until investigation 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 incident is completed and will normally place the Employee on paid administrative leavefollowing: 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 normally hold a pre-action or pre-termination hearing no less than two (2) working days and provide copies of Notices of Disciplinary Action to the appropriate Association Co‐Chairperson within five (5) working days 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 name of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leaveemployee, the Department shall have sole authority date of the meeting and the level of Alternative to extend the Discipline within five (5) working day requirement due workdays of the meeting. 809 All Notices of Disciplinary Action are subject to investigation process considerations and/or the Grievance and Arbitration Procedure except notices of termination issued to probationary employees as referenced in Paragraph 1006. 810 The Employer further agrees, upon receipt 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 record which is germane to an extension request from alleged infraction by the UnionHealth Care Professional, in accordance with established procedures. If 811 In any case where the Employee has been involved with a possible criminal offenseEmployer and Association Representative agree to revise personnel record materials, the Employee Employer shall, upon request, provide evidence of the revision. 812 To satisfy governmental record keeping requirements, copies of such notices shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered permanently maintained in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited separate file to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and supervisors shall not be grievablehave access.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Labor Management Agreement
Discipline.
Section 13.1 1201 The City reserves the right to discipline or Employer shall discipline, suspend and discharge any non-probationary Employee employee for causejust cause only. Any It is the intent of the Employer to use progressive discipline in normal circumstances. Where appropriate, the Employer will use informal corrective action such as verbal counseling and/or documented counseling prior to issuing of formal discipline. Formal discipline imposed may include any or discharge all of the following: Written Notice of Disciplinary Action, Suspension and Discharge. With respect to discipline, the Employer will exercise reasonable judgment in disciplining employees by providing at least one (1) written warning prior to disciplinary action, except that such written warning shall not be required where the employee is guilty of gross misconduct (such as substance abuse, physical altercations or theft) or gross neglect of duty which could result in immediate termination. All employees shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate have the local Association representative present at any meeting with supervisors or management representatives when such meetings are investigatory or disciplinary in such a meeting if management denies union representation and continues nature. Prior to question beginning any investigatory or disciplinary interview, the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with supervisor will inform the EmployeeCRNA of the nature of the interview. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. 1202 It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed a violation of this Agreement and it shall not be cause for discipline, including discharge, if a CRNA refuses to perform any service which but for the existence of a lawful, primary labor dispute would be performed by other employees of the Employer, except in the Employee’s official Human Resources Department filecases of extreme emergencies. However, should an Employee grieve or appeal any employment 1203 Any material relating to corrective action in the future, counseling records may for which there has been no recurrence for twelve (12) months shall not be used as evidence a basis for progressive corrective action in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort any future matters and will be removed from the file after twelve (12) months from the date of occurrence. Employees will have reasonable access to complete investigations into alleged offenses and review their files to provide notification ensure that outdated letters of hearing to employees within corrective action have been removed. If an employee is absent for thirty (30) or more calendar days from becoming aware of days, the alleged offense. A disciplinary action report should entire period will be offered added to the Employee within seven (7) calendar days prescribed time limit for current letters of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationcorrective action. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees 1204 All employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx read and review any formalized concern with respect to care or representative, chosen services rendered by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearingCertified Registered Nurse Anesthetist.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 2 contracts
Samples: Labor Agreement, Tentative Agreement
Discipline. (a) The Company will endeavour to apply discipline consistently and fairly to all Company employees.
Section 13.1 (b) The City reserves Union recognizes the right of the Company to discipline or discharge any non-probationary Employee employees for just cause. Any The Company will give an employee written notice of discharge, suspension or any other disciplinary action for just cause, stating the exact nature and details of the infraction. Copies of notices of discharge, suspension or any other documented disciplinary actions will be provided to the Union prior to such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicablebeing applied. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense These notices and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which any other disciplinary actions may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesa grievance and processed in accordance with the grievance procedure of this Agreement.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns (c) Where an employee is required to meet with a representative of the application Company for the purposes of applying discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or hersaid employee, the Employee has the rightemployee will, upon requestshould they so desire, be entitled to have a Union representative presentpresent during such meeting. Management is not required to The Company will so inform the Employee employee prior to such meeting taking place, of his/her witness rights; it is the Employee’s responsibility their right to know and request Union representation. The If Union representative shall representation is desired by the employee then reasonable efforts will be told the purpose of made by both parties in scheduling the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union so that Union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department filecan occur. However, after reasonable efforts have been made, should an Employee grieve or appeal any employment action in a Union representative not be available to attend the futuremeeting, counseling records may the Company will not be used as evidence in these grievance hearings or appealsprevented from taking disciplinary action.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30i) calendar days from becoming aware of the alleged offense. A Past disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management notices will be given additional timedeemed void after an employee has maintained a clear record with no infractions for twenty-four (24) months. The written notice shall provide After the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pretwenty-action or pre-termination hearing at least two four (224) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearingmonth period, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and disciplinary notices will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employeeemployee’s Human Resources Department file Personnel file.
(ii) In disciplinary actions involving serious misconduct, the Union and the Employee’s official personnel file within his/her departmentCompany may mutually agree to increase the period that past disciplinary notices are deemed void and removed from the employee's Personnel file.
Section 13.12 Employees shall be allowed (e) An employee has a right to review and copy contents of his/her Human Resources personnel examine their Personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with datedupon request, written authorization from such Employeeprovided that a duly authorized management representative is present. The written authorization shall include a statement that employee may reply in writing to any document contained in the Employee releases file which reflects upon their work performance with the Employer from all liability regarding the disclosure Company and such reply will become part of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding their permanent record.
(f) Grievances arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could discharges will be suspended without pay, may, initiated at the sole discretion Formal Review Phase of the Employee’s supervisor, be offered a vacation leave accrual reduction Dispute Resolution Process outlined in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievablethis Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-15.1 Except for those covered employees who may be terminated during their probationary Employee period, no covered employee shall be disciplined except for just cause. Any such discipline or discharge The just cause provision shall be subject not apply to the Grievance separation of covered employees due to the cessation of funding from a grant or Appeals Procedure as applicableexternal source, or layoffs due to retrenchment.
15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. In Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the administration College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of this Articlecounsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline shall will normally be reasonably expedientimposed in a progressive manner, progressive in nature, the CCSNH may skip or repeat steps based upon the circumstances of the offense and the Employee’s performance recordany given case. All discipline shall be documented in writing, and be corrective rather than punitive (except shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the case presence the employee.
15.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of termination)issuance. This principle An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not apply be deemed to deliberate be acceptance of the rendered discipline or serious offenses as a waiver of any right to which the employee may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesentitled.
Section 13.2 The City and Union agree Employees 15.4 As set forth in Article 4.5.7, a covered employee shall be treated as consistently as possible as concerns entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him him/her. The Association representative's role at an investigative interview or hermeeting is to consult with the employee. The CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the Employee has the rightprinciples of “Xxxxxxxxxx”, upon request“Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it both full-time and part-time covered employees.
15.5 A covered employee who is the Employee’s responsibility to know and request Union representation. The Union representative subject of a disciplinary investigation shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate notified in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the identity of the party or parties to perform the investigation, and the anticipated date of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationthe investigation. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process All investigations shall be completed.
Section 13.6 Employees shall be given the opportunity to have completed within sixty (60) calendar days, unless exceptional circumstances justify an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing extension of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered time for discipline involving a suspension without pay or demotion as a possible outcome completion of the hearinginvestigation. Notice of a pre-termination hearing means that an extension shall be in writing by the Employee is being considered for any level of discipline up President or Chancellor, as applicable, to and including discharge as a possible outcome the employee before the expiration of the hearing.
Section 13.8 Discipline above sixty (60) day period and shall set forth the level exceptional circumstances and the date of written reprimand shall require a certified hearing officer from outside the departmentanticipated completion. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative The employee shall be afforded informed in writing when the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, investigation is complete and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 determination of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveinvestigation. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions Investigations shall normally be considered conducted in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsconfidential manner. Any documentation relating to a specific disciplinary action overturned through either During any investigation the grievance or appeal procedure employee shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within retain his/her department.
Section 13.12 Employees shall be allowed to review current position, status, schedule, assignment and copy contents rate of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, mayexcept as provided in Article 15.6, at below or as otherwise determined based on the sole discretion of circumstances surrounding the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievablematter under investigation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-16.1 Except for those covered employees who may be terminated during their probationary Employee period, no covered employee shall be disciplined except for just cause. Any such discipline or discharge The just cause provision shall be subject not apply to the Grievance separation of covered employees due to the cessation of funding from a grant or Appeals Procedure as applicableexternal source, or layoffs due to retrenchment.
16.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. In Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the administration College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of this Articlecounsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline shall will normally be reasonably expedientimposed in a progressive manner, progressive in nature, the CCSNH may skip or repeat steps based upon the circumstances of the offense and the Employee’s performance recordany given case. All discipline shall be documented in writing, and be corrective rather than punitive (except shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the case presence the employee.
16.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of termination)issuance. This principle An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not apply be deemed to deliberate be acceptance of the rendered discipline or serious offenses as a waiver of any right to which the employee may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesentitled.
Section 13.2 The City and Union agree Employees 16.4 As set forth in Article 4.5.7, a covered employee shall be treated as consistently as possible as concerns entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him him/her. The Association representative's role at an investigative interview or hermeeting is to consult with the employee. The CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the Employee has the rightprinciples of “Xxxxxxxxxx”, upon request“Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it both full- time and part-time covered employees.
16.5 A covered employee who is the Employee’s responsibility to know and request Union representation. The Union representative subject of a disciplinary investigation shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate notified in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the identity of the party or parties to perform the investigation, and the anticipated date of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationthe investigation. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process All investigations shall be completed.
Section 13.6 Employees shall be given the opportunity to have completed within sixty (60) calendar days, unless exceptional circumstances justify an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing extension of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered time for discipline involving a suspension without pay or demotion as a possible outcome completion of the hearinginvestigation. Notice of a pre-termination hearing means that an extension shall be in writing by the Employee is being considered for any level of discipline up President or Chancellor, as applicable, to and including discharge as a possible outcome the employee before the expiration of the hearing.
Section 13.8 Discipline above sixty (60) day period and shall set forth the level exceptional circumstances and the date of written reprimand shall require a certified hearing officer from outside the departmentanticipated completion. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative The employee shall be afforded informed in writing when the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, investigation is complete and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 determination of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveinvestigation. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions Investigations shall normally be considered conducted in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsconfidential manner. Any documentation relating to a specific disciplinary action overturned through either During any investigation the grievance or appeal procedure employee shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within retain his/her department.
Section 13.12 Employees shall be allowed to review current position, status, schedule, assignment and copy contents rate of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, mayexcept as provided in Article 16.6, at below or as otherwise determined based on the sole discretion of circumstances surrounding the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievablematter under investigation.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves committee have the authority to discipline an apprentice and to cancel the apprenticeship agreement of the apprentice at any time for cause pertaining to their apprenticeship such as: inability to learn; unsatisfactory work; lack of interest in their work or education. This not limit the right of the Company to discipline or discharge any non-probationary Employee an apprentice for causecause for matters not related to their training as an apprentice. Any such Such discipline or discharge by the Company shall be subject to the Grievance or Appeals Procedure as applicablegrievance procedure. In Apprentices in each of the administration of this Article, discipline trades covered shall be reasonably expedient, progressive in nature, based upon the circumstances paid a progressively increasing schedule of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead wages as follows; YEAR NOT LESS THAN OF 2"YEAR NOT LESS THAN OF JOURNEYPERSONS NOT LESSTHAN OF JOURNEYPERSONS YEAR NOT LESS THAN OF JOURNEYPERSONS RATE RATE RATE RATE YEAR NOT LESS THAN OF JOURNEYPERSONS 2"YEAR NOT LESS THAN OF JOURNEYPERSONS 3" YEAR NOT LESS THAN OF JOURNEYPERSONS YEAR NOT LESS THAN OF JOURNEYPERSONS YEAR NOT LESS THAN OF JOURNEYPERSONS When extra maintenance help is needed due to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or herabsence, the Employee has Company may post the right, upon request, opening and select a production employee to have a Union representative presentassist the trades personnel. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationNo seniorityin skilled trades would be accrued. The Union representative shall rate of pay would be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior cents per hour less than the first year apprentice base rate. This employee would only help with jobs that have limited responsibility such as snow removal, lubrication, or helping a cer- tified millwrightwith their normal duties. The successful employee would be utilized for future openings. This clause in no event would allow an apprentice or a millwright to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline on layoff status at the time such action is takensame time. This document shall include Maintenance helpers that are in the specific reasons group for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two six (26) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered months in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any con- secutive twelve (12) month periodperiod will be offered the position as trades apprentice. Vacation Leave accrual reduction shall The selection for maintenance helper will be limited as per selection of apprentices; The opening will be posted. Applicationswill be turned over to the Joint Apprenticeship committee for selection. For selection of helper if all other requirements are met passed test, grade education) the selection will be done by master seniority. The apprenticeship committee will review their progress on a maximum of five (5) days and shall not regular basis. All maintenance helpers will be grievablepaid cents less an hour than a year apprentice.
Appears in 2 contracts
Samples: Collective Labour Agreement, Collective Labour Agreement
Discipline. The proceedings for written reprimands, suspensions, demotions and involuntary terminations of this Article shall consider the incident and the discipline in terms of severity of the action, evidence of progressive discipline and appropriateness of the disciplinary action. Progressive discipline is defined to include an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The Union recognizes the need for more severe initial disciplinary action in the event of major violation of established rules, regulations or policies of the County or its operating departments. The decision to uphold the disciplinary action shall be based on the reasonableness of the discipline imposed by the supervisor in response to the actions taken or not taken by the employee. All written reprimands, suspensions, demotions and involuntary termination appeals of employees covered by this Agreement shall be handled solely in accordance with the procedure set forth in this Article and CCFD Rules and Regulations, with the decision of the internal panel or Arbitrator being final and binding on the parties.
Section 13.1 A. No employee who has satisfactorily completed probation may be given an oral reprimand, written reprimand, suspended, demoted or terminated without just cause. Just cause may include, but not be limited to: inefficiency, incompetence, insubordination, habitual or excessive tardiness or absenteeism, abuse of sick leave or authorized leaves, and violation of established departmental work rules or procedures.
B. Supervisors and/or Fire Department management shall be required to provide a union representative any time there is reason to believe that disciplinary action equal to or greater than an oral reprimand shall result from any meeting between an employee and their supervisor and/or Fire Department management. Any time an employee believes they are going to receive discipline as a result of a meeting with the supervisor and/or Fire Department management, they may request to have a union representative present. The City reserves meeting shall be postponed for a time period not to exceed twenty-four (24) hours until such time a union representative is available.
C. Upon written request of the employee to the Human Resources Director, the employee shall have the right to discipline review items in their personnel file and provide rebuttal comments to be attached to original documents where the employee believes appropriate. Such rebuttal comments must be restricted to the document in question.
D. Upon written request or discharge any non-probationary Employee for cause. Any such discipline authorization by an employee involved in a disciplinary hearing, the employee's attorney or discharge shall be union representative may obtain data that are necessary from the personnel file of the employee, subject to the Grievance discipline, in preparation for the Step 1 hearing or Appeals Procedure as applicableStep 2 arbitration.
E. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. In the administration of this ArticleHowever, discipline during any termination notification process for a new hire employee, a union representative shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancespresent as a witness.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview F. Whenever an Employee to discover information as part of an investigation, and the Employee has a reasonable belief incident takes place that the interview may result in disciplinary action against him action, (other than a written reprimand which is subject to appeal as identified in section H, written reprimands) which may include a suspension, demotion or hertermination, a Joint Investigative Team (JIT) comprised of Fire Department management employee(s) and an officer(s) of the Union shall convene to investigate the incident. During their investigation, the Employee has team shall interview all parties involved, and analyze the rightfacts of the incident. When an employee is investigated, upon request, to have they shall be provided with a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know representative, and request Union representation. The Union representative shall be told the purpose advised of the meeting purpose, time, date, and be given reasonable time to confer with site of the Employee before interview by the meetingrespective management. Employees have Upon the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling conclusion of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may process, which must be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days days, the team shall present its finding(s) to the Fire Chief for their decision. An incident already reviewed by the Incident Information Advisory Team (IIAT) as outlined in Rule and Regulation 2.14, shall not be eligible for further evaluation by the JIT. The IIAT process shall include notice to the employee, by a supervisor or a Fire Department management employee, of their right to Union representation during the IIAT investigation.
G. A full time permanent employee who receives an oral reprimand, written reprimand or is recommended for suspension, demotion or termination from becoming aware County service shall be given a written statement, documented on an Employee Interview Sheet (EIS), setting forth the charges upon which the proposed oral reprimand, written reprimand, suspension, demotion or termination is based. The statement shall include an identification of the alleged offense. A specific charges against the employee and an explanation of the evidence to include: 1) Specific action or inaction by the employee that led to the proposed disciplinary action; 2) Specific citation to the rule, regulation, procedure, or other Departmental or County rule, regulation or procedure that has been violated; 3) Previous related disciplinary action report should be offered to that the Employee within seven (7employee has received; 4) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional timeMandatory corrective measures if applicable. The written notice EIS shall provide the Employee opportunity for the employee to respond with written rebuttal to the charges.
H. Written Reprimands Written reprimands are not subject to the full appeals process provided for suspensions, demotions, or terminations. An employee may choose to have their written reprimand reviewed at a hearing conducted by an estimated date when internal panel in accordance with CCFD Rules and Regulations. At such time, the process employee shall have five (5) working days from notification, not including the day of its receipt, to ask the Fire Chief that the panel be convened. The panel, which shall be completed.
Section 13.6 Employees composed of two (2) employees, one (1) selected by the employee, the other by the Fire Chief, shall meet within ten (10) working days of receiving the request. The employee requesting the panel’s review shall be given at least three (3) working days notice of the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by time and place for the Employee, present in any disciplinary hearing. Employees The panel shall determine if the written reprimand is appropriate, and whether it should be notified in writing of any pre-action upheld, overturned or pre-termination hearing at least modified. The decision must be rendered within two (2) working days prior to such of holding the hearing. The decision of the panel is final and binding on the parties. In the event that the panel does not reach consensus, then the written notification of hearings shall include: reprimand stands.
I. Suspensions, Demotions or Terminations
1) general information concerning Step 1 – Fire Chief Hearing and Response
a. An employee, who is recommended for termination, may be suspended with or without pay in an administrative leave pay status pending the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy Fire Chief hearing or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearingarbitration.
Section 13.7 Notice of a pre-action hearing means that b. The employee, or the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome Union on behalf of the hearing. Notice of a pre-employee, who has been recommended for suspension, demotion or termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. NOTE: This section replaces entirely Section 2.9 E and F of the Faculty Handbook
Section 13.1 17.1. The City reserves the right to discipline University agrees that no Bargaining Unit Member shall be suspended without pay or discharge any non-probationary Employee for discharged without just cause. Any such discipline or discharge Discharge shall be subject defined as the termination of a tenured faculty member or the termination of a faculty member’s appointment prior to the Grievance expiration of that appointment. However, termination of tenured faculty for financial, programmatic or Appeals Procedure as applicable. In other administrative considerations shall not be covered by the administration just cause provisions of this Article, discipline shall be reasonably expedientbut instead are addressed in Article 19, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesRetrenchment.
Section 13.2 The City and Union agree Employees shall 17.2. Discipline may include written warnings which will not be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules issued arbitrarily or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationcapriciously. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with Bargaining Unit Member will receive a copy provided to the Employee. The Employee may provide a of any written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not warning and such warning will be placed in the EmployeeBargaining Unit Member’s official Human Resources Department personnel file. Any such warning will specifically state that it is a written disciplinary warning. Concerns over a Bargaining Unit Member’s performance, as opposed to misconduct, will be handled in accordance with the Evaluation Article 12. As a general principle, a Bargaining Unit Member will be promptly informed about any administrative judgment about her or his conduct or performance.
17.3. Discipline shall not include oral counseling or verbal reprimands, nor shall it include performance reviews. Such matters are not grievable under this Agreement.
17.4. At the President’s discretion, a Bargaining Unit Member may be placed on paid administrative leave to permit the University to investigate potential or alleged misconduct that may lead to discipline. However, should an Employee grieve or appeal any employment action in the future, counseling records may being placed on such administrative leave shall not itself be used as evidence in these grievance hearings or appealsdeemed discipline.
Section 13.5 Management 17.5. In cases where the administration is conducting an investigatory interview that the Bargaining Unit Member reasonably believes may lead to discipline, the Bargaining Unit Member shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or Association representative present at the hearingmeeting. The administration shall provide a reasonable notice of such meetings and the allegations to be discussed at the meeting.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing17.6. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearingWhere appropriate, the Xxxxxxx University may also require as part of disciplinary action restitution, appropriate training or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule counseling or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveother remedial action. The Employer shall normally hold University reserves all rights to itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days violation of the suspension or as soon as reasonably possiblelaw. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.Article 18: Intellectual Property Policy
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves For the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration purpose of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except article Supervisor in the case of termination)a school shall mean the Principal. This principle shall District School Board will administer discipline in 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 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 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 the employee. A disciplinary response is not apply to deliberate or serious offenses which may lead to 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 the case of an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing employee who has completed the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has give them a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with improve, offer the Employee before employee training opportunities and provide suitable counseling. If the meeting. Employees have individual continues performing inadequately and has had a reasonable amount of time to improve, the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered Board may discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should ultimately dismiss an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered employee for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentjust cause. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee employee shall have the right to appeal 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 have the opportunity of interviewing a Union representative in private for a reasonable period of time before leaving the Board premises. A claim by an employee for unjust suspension or grieve such discipline discharge shall be treated as provided a grievance and handled in accordance with Article commencing at The term "employee" under Article 14 or Article 15 this section shall refer only to employees who have completed their probationary periods. The Board will verbally notify the Union of this Agreementany letter of discipline, suspension, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending discharge sent to a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveUnion member. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and Union will be notified within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon employee's receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionsaid letter.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headHuman Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend determine the five (5) working day requirement length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.14 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from each AFSCME unit in addition to the President or designee. The City’s team shall consist of no more than five (5) representatives
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 00-0 Xxx-Xxxxxxxxxx Related Discipline The City reserves District is responsible for managing the right employee disciplinary process for non- attendance related issues including tardiness (arrive late/leave early). Whenever possible, verbal or written notice should be given to an employee who may be subject to corrective action in the future. Classified employees will be given an opportunity to correct infractions of work rules and/or District policies and /or procedures. The intent of progressive discipline is to provide the employee an opportunity to grow and develop in response to areas that need improvement. A progressive discipline procedure is established to promote uniform and consistent discipline. It should be noted that whenever the action or discharge behavior of an employee is of a serious nature, discipline can start at any non-probationary level, including termination. In addition, one or more steps of the procedure may be repeated or skipped as circumstances warrant. The procedure for progressive discipline, when applicable, may include the following steps: A written reprimand stating specific deficiencies, indicating timelines for improvement, and advisement of possible future disciplinary action. A plan of improvement may be developed to address identified deficiencies. Evaluation of progress made on the plan of improvement will be completed at an agreed upon time. If the employee does not meet standards identified in the plan of improvement, advisement of possible future disciplinary action will provided. May result in suspension with or without pay, demotion, or both. An employee shall be advised in writing that termination may result if another such infraction occurs. Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicabledisciplinary action up to and including termination. In case of willful and intentional violation of District policy, failing a drug and/or alcohol screening, or conviction of a felony, the administration of this Article, discipline employee shall be reasonably expedientsubject to immediate termination. All discipline, progressive in natureincluding termination, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Proceduregrievance procedure. A written Employee Counseling Record Employees who are involved in the disciplinary process will be advised they are entitled to representation and are encouraged to contact the Colorado Classified School Employees Association.
11-2 Attendance Discipline This section of discipline is to be used to address attendance related issues with the exception of using time in excess of what already been earned. (see Article 13-1-5) Employees may use time as provided in Article 13-1. Employees are limited to a specific number of occurrences as defined below, Article 11-2-1. An occurrence is an absence without prior leave approval, up to three (3) consecutive days. If the leave is due to illness, a physician’s note may be completed requested after three (3) consecutive work days are missed. This does not constitute approval, only proof of time off. Consecutive days of absence, due to document such counseling with illness, will be considered a copy provided to the Employeesingle occurrence. The Employee may provide After ninety (90) days without an occurrence an employee will start anew. 11-2-1 Occurrence Discipline Process Step 1 – Three (3) occurrences within a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated aboveday rolling period, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two receive verbal warning; Step 2 – Two (2) working days prior to such hearing. The or more additional occurrences within a rolling thirty (30) calendar day period and within a calendar year after Step 1, receive first written notification of hearings shall include: 1) general information concerning the alleged offense(s), reprimand; Step 3 – Two (2) the work rule(sor more additional occurrences within a rolling thirty (30) violated calendar day period and within a calendar year after Step 2, receive second written reprimand; Step 4 – Two (if any)2) or more additional occurrences within a rolling thirty (30) calendar day period and within a calendar year after Step 3, 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline Discipline up to and including discharge as a possible outcome of the hearingtermination.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 (a) Disciplinary action including discharge, shall be excluded from this grievance procedure. Suspensions over 10 days and discharges shall be governed exclusively by the City of Chicago's Human Resources or Police Board Rules, whichever may be applicable. Notwithstanding the foregoing, suspensions of 11 days or more may be appealed to arbitration in lieu of the Human Resources Board or Police Board upon the written request of the Union. Disciplinary cases which are converted from a discharge to a suspension as a result of decision of the Human Resources or Police Board do not thereafter become arbitrable as a result of said decision. The City reserves grievance procedure provisions herein and the Human Resources or Police Board appeals procedure are mutually exclusive, and no relief shall be available under both. An employee who may be subject to disciplinary action for any reason has the right to discipline or discharge any non-probationary Employee ask for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative presentto be present at any interrogations or hearings in accordance with said Boards' rules. Management is not required For suspensions of eleven (11) to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware the designated supervisor shall meet with the employee and notify him/her of the alleged offense. A disciplinary action report should be offered to reasons for the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall and be given the opportunity to have an IT/IS Unit Xxxxxxx or representativerespond at that meeting. If the employee requests the presence of a Union representative at such meeting one will be provided if reasonably available. In the case of discharge, chosen by the Employee, present in any disciplinary hearing. Employees employee shall be notified in writing provided with a written statement of any pre-action or pre-termination hearing at least two (2) working days prior to such hearingthe charges on which the discharge is based with an explanation of the evidence supporting the charges. The written notification of hearings employee shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the - (1) respond to said charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and in writing within five (5) working days of notification of the charge, and (2) meet with the Department Head's designee before action is taken. A Union representative may be present at such meeting.
(b) An employee who is subject to or reasonably believes he/she will be subject to disciplinary action for any impropriety or cause has the right to ask for and receive a Union representative to be present at any interrogations or hearings prior to being questioned. The interrogation shall take place at reasonable times and places and shall not commence until the Union representative arrives, provided that the Employer does not have to wait an unreasonable time and the Employer does not have to have the interrogation unduly delayed. An employee may be discharged for just cause before the Human Resources or Police Board hearing, provided that said employee shall be guaranteed, upon request, a full hearing before said Board, in accordance with the said Board's rules. It is further provided that in the event of non- egregious offenses, not to include violent acts, criminal acts, drinking alcohol or taking illegal drugs on the job, insubordination or work stoppages, the employee will be given 30 days advance notice of discharge, and has 7 days from receipt of the notice to appeal. If the employee does not file an appeal within the 7-day appeal period, the Employer may then remove the employee from the payroll. If the employee appeals the discharge, the Human Resources Board shall be requested to set a hearing date within the 30-day notice period and the employee shall remain on the payroll for the full notice period, except if prior to completion of the 30-day notice period (1) the Hearing Officer affirms the discharge; or (2) the employee continues the discharge hearing; or (3) the employee withdraws his appeal or otherwise engages in conduct which delays the completion of the hearing. However, in no event may the employee require the employer to retain the employee on the payroll beyond the 30-day period. The Union shall have the right to have its representatives present at either of the Board(s) or the grievance procedure, including arbitration, and to actively participate.
(c) The Employer within its discretion may determine whether disciplinary action should be an oral warning, written reprimand, suspension or discharge, depending upon various factors, such as, but not limited to, the severity of the offense or the employee's prior record. Such discipline shall be administered as soon as reasonably possiblepractical after the Employer has had a reasonable opportunity to fully investigate the matter and conduct a meeting with the Union and employee. The Employer is not obligated to meet with the employee and Union prior to taking disciplinary action where the employee is unavailable or in emergency situations. Demotions shall not be used as a part of discipline. Transfer shall not be part of an employee's discipline. In cases where the Employee is on paid administrative leaveof oral warnings, the Department supervisor shall inform the employee that he/she is receiving an oral warning and the reasons therefore. For discipline other than oral warnings, the employee's immediate supervisor shall meet with the employee and notify him/her of the accusations against the employee and give the employee an opportunity to answer said accusations. Specifically, the supervisor shall tell the employee the names of witnesses, if any, and make available copies of pertinent documents the employee or Union is legally entitled to receive, to the extent then known and available. Employer's failure to satisfy this Section 11.1 shall not in and of itself result in a reversal of the Employer's disciplinary action or cause the Employer to pay back pay to the employee. In the event disciplinary action is taken, the employee and the Union shall be given, in writing, a statement of the reasons therefore. The employee shall initial a copy, noting receipt only, which shall be placed in the employee's file. The employee shall have sole authority the right to extend make a response in writing which shall become part of the five employee's file. Any record of discipline may be retained for a period of time not to exceed eighteen (518) working day requirement due to investigation process considerations and/or upon receipt months and shall thereafter not be used as the basis of any further disciplinary action, unless a pattern of sustained infraction exists. A pattern shall be defined as at least two substantially similar offenses during said 18-month period. If an extension request from the Unionemployee successfully appeals a disciplinary action, his/her file shall so record that fact. If the Employee has been involved with a possible criminal offenseappeal fully exonerates the employee, the Employee Employer shall not use said record of the discipline action against the employee, or in the case of promotions or transfers. In any disciplinary investigation of a non-egregious offense conducted by the investigative staff of the Office of Budget and Management, the Employer shall notify the employee who is subject to the disciplinary investigation of the pendency of the investigation and its subject matter, within thirty (30) calendar days of the Employer being made aware of the alleged rule violation. For the purposes of this Section, the term "non-egregious offense" shall not include inducible criminal offenses, gross insubordination, residency issues, or drug and alcohol violations. Thereafter, the employee shall be placed on either authorized personal leave granted a pre-disciplinary hearing if requested within thirty (30) days. Any discipline given in violation of this notice provision shall be null and void. In the event that a discharged employee appeals an adverse decision of the Human Resources or leave without pay Police Board to the Circuit Court of Xxxx County, or thereafter to the Appellate Court of Illinois, and the timeframes for investigation decision of the Human Resources or Police Board is reversed or remanded resulting in restoration of the job, the Employer will pay the employee's reasonable attorney's fees which he or she has incurred in connection with the court proceeding, excluding fees incurred before the Human Resources or Police Board. The employee shall submit a post-appeal fee petition to the Employer, which shall be supported by full documentation of the work performed, the hours expended, and the pay status determination shall rates paid by the employee. Should the parties be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part unable to agree on the proper amount of the progressive disciplinary process regardless fees to be paid to the employee, either party may refer the dispute to arbitration under the relevant provisions of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her departmentthis Agreement.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Discipline of unit members to whom Section 13.1 The City reserves 75 of the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge Civil Service Law applies shall be subject in accordance with the procedures set forth in Section 75. All other employees to whom Section 75 of the Grievance or Appeals Procedure as applicableCivil Service Law is not applicable shall have the following procedure available to them in the event of discipline.
Step 1. In The supervisor shall meet with the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon employee to discuss the facts and circumstances of the offense poor performance or misconduct. The employee may have an Association representative present if he wishes, unless the nature of the misconduct, circumstances, or timing makes it impractical to do so.
Step 2. An employee who has been disciplined may request that the discipline imposed be reviewed by the Director of Facilities in conjunction with the Assistant Superintendent for Business. If the employee is a bus mechanic, he may request review by the Director of Transportation in conjunction with the Assistant Superintendent for Business. Such request shall be submitted in writing to the appropriate person within fifteen (15) workdays after the imposition of the discipline. The request shall set forth in detail the employee's reasons for believing that the discipline should be modified or rescinded. The employee shall furnish a copy of his
Step 3. request to the supervisor. The supervisor shall thereafter submit to the appropriate administrator written details of the facts and circumstances upon which the Employee’s performance recorddiscipline was based, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees a copy shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related furnished to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes employee prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headdescribed below.
Section 13.9 Discipline A. The Director of Facilities (or the Director of Transportation, where applicable) and the Assistant Superintendent for Business shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend hold an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and informal meeting within five (5) working work days of after receiving the suspension or as soon as reasonably possibleemployee's request. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay The employee and the timeframes for investigation supervisor shall each have the right to be present and to make arguments concerning the disciplinary action. The employee may bring an Association representative or another unit member of his own choice to this meeting.
B. The Director of Facilities (or the Director of Transportation, where applicable) and the pay status determination Assistant Superintendent for Business shall render a joint decision in writing within ten (10) workdays after the informal meeting. Where the employee has elected the use of this procedure, such decision shall in all respects be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but final and not limited subject to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days this Agreement and shall not be grievablereviewable by any administrative body or court of law. In any event, discipline decisions made by the District shall not be subject to the grievance procedure provided by this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headHuman Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend determine the five (5) working day requirement length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. The proceedings for written reprimands, suspensions, demotions and involuntary terminations of this Article shall consider the incident and the discipline in terms of severity of the action, evidence of progressive discipline and appropriateness of the disciplinary action. Progressive discipline is defined to include an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The Union recognizes the need for more severe initial disciplinary action in the event of major violation of established rules, regulations or policies of the County or its operating departments. The decision to uphold the disciplinary action shall be based on the reasonableness of the discipline imposed by the supervisor in response to the actions taken or not taken by the employee. All written reprimands, suspensions, demotions and involuntary termination appeals of employees covered by this Agreement shall be handled solely in accordance with the procedure set forth in this Article and CCFD Rules and Regulations, with the decision of the internal panel or Arbitrator being final and binding on the parties.
Section 13.1 A. No employee who has satisfactorily completed probation may be given an oral reprimand, written reprimand, suspended, demoted or terminated without just cause. Just cause may include, but not be limited to: inefficiency, incompetence, insubordination, habitual or excessive tardiness or absenteeism, abuse of sick leave or authorized leaves, and violation of established departmental work rules or procedures.
B. Supervisors and/or Fire Department management shall be required to provide a union representative any time there is reason to believe that disciplinary action equal to or greater than an oral reprimand shall result from any meeting between an employee and their supervisor and/or Fire Department management. Any time an employee believes they are going to receive discipline as a result of a meeting with the supervisor and/or Fire Department management, they may request to have a union representative present. The City reserves meeting shall be postponed for a time period not to exceed twenty-four (24) hours until such time a union representative is available.
C. Upon written request of the employee to the Human Resources Director, the employee shall have the right to discipline review items in their personnel file and provide rebuttal comments to be attached to original documents where the employee believes appropriate. Such rebuttal comments must be restricted to the document in question.
D. Upon written request or discharge any non-probationary Employee for cause. Any such discipline authorization by an employee involved in a disciplinary hearing, the employee's attorney or discharge shall be union representative may obtain data that are necessary from the personnel file of the employee, subject to the Grievance discipline, in preparation for the Step 1 hearing or Appeals Procedure as applicableStep 2 arbitration.
E. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. In the administration of this ArticleHowever, discipline during any termination notification process for a new hire employee, a union representative shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancespresent as a witness.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview F. Whenever an Employee to discover information as part of an investigation, and the Employee has a reasonable belief incident takes place that the interview may result in disciplinary action against him action, (other than a written reprimand which is subject to appeal as identified in section H, written reprimands) which may include a suspension, demotion or hertermination, a Joint Investigative Team (JIT) comprised of Fire Department management employee(s) and an officer(s) of the Union shall convene to investigate the incident. During their investigation, the Employee has team shall interview all parties involved, and analyze the rightfacts of the incident. When an employee is investigated, upon request, to have they shall be provided with a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know representative, and request Union representation. The Union representative shall be told the purpose advised of the meeting purpose, time, date, and be given reasonable time to confer with site of the Employee before interview by the meetingrespective management. Employees have Upon the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling conclusion of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may process, which must be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of days, the alleged offense. A disciplinary action report should be offered team shall present its finding(s) to the Employee within seven Fire Chief for their decision. An incident already reviewed by the Incident Information Advisory Team (7IIAT) calendar days of completion of a final pre-action or pre-termination hearing resulting as outlined in discipline or termination. Upon Management providing written notice of a delay in Rule and Regulation 2.14, shall not be eligible for further evaluation by the process stated above, Management will be given additional timeJIT. The written notice shall provide the Employee with an estimated date when the IIAT process shall be completedinclude notice to the employee, by a supervisor or a Fire Department management employee, of their right to Union representation during the IIAT investigation.
Section 13.6 Employees G. A full time permanent employee who receives an oral reprimand, written reprimand or is recommended for suspension, demotion or termination from County service shall be given a written statement, documented on an Employee Interview Sheet (EIS), setting forth the opportunity to have an IT/IS Unit Xxxxxxx charges upon which the proposed oral reprimand, written reprimand, suspension, demotion or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearingis based. The written notification statement shall include an identification of hearings shall the specific charges against the employee and an explanation of the evidence to include: 1) general information concerning Specific action or inaction by the alleged offense(s), employee that led to the proposed disciplinary action; 2) Specific citation to the work rule(s) violated (if any)rule, regulation, procedure, or other Departmental or County rule, regulation or procedure that has been violated; 3) Previous related disciplinary action that the policy or procedure(s) violated (if any), employee has received; 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearingMandatory corrective measures if applicable. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand The EIS shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded provide the opportunity for the employee to meet privately respond with the hearing officer for no more than ten (10) minutes prior written rebuttal to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headcharges.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge SECTION 1: Employees covered by this agreement shall be subject disciplined, demoted suspended or discharged only for just cause.
SECTION 2: The purpose of discipline is to improve the Grievance or Appeals Procedure as applicableaffected employee's work performance and conduct. In the administration of this Article, Progressive discipline shall be reasonably expedientutilized whenever possible. Progressive discipline shall include resort to verbal warnings, written reprimands and suspensions in a progressive in naturemanner prior to imposition of termination from employment. In determining the level of discipline to be imposed, based upon the circumstances Employer shall consider the employee's total record of service and may impose a more serious discipline if warranted by the employee's disciplinary history or the nature of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesoffense.
Section 13.2 The City and Union agree Employees SECTION 3: No verbal reprimand, written reprimand, or suspension in an employee's personnel file will be considered, for purposes of determining the severity of subsequent discipline, 24 months after the date that discipline is administered as long as the employee does not commit a like or related offense during the 24 month period. If a like or related offense is committed, the new 24 month period shall be treated as consistently as possible as concerns commence on the application of discipline and/or other actions regarding work rules as found within date that the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sectionssubsequent disciplinary action is administered.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. SECTION 4: The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice Employer shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing Union representative a copy of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: all written reprimands, suspensions without paysuspensions, demotions, and dischargesor removal/termination orders. Employees disciplined Conferences for disciplinary purposes shall be given a copy of such discipline at in private. Consistent with the time such action is taken. This document shall include the specific reasons for such discipline such asXxxxxxxxxx standard, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee an employee shall have the right to appeal or grieve such discipline have a Union official present if the employee reasonably believes that he/she may be disciplined as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 a result of the Personnel Policies matter being investigated. A reasonable amount of time shall be provided for the union to arrive prior to the start of an investigatory meeting. The Union and Procedure Manual, as appropriatethe employee shall have a one (1) week notice of all suspensions.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. SECTION 5: The Employer shall normally hold a pre-action disciplinary conference with an employee in the event it considers imposition of a suspension or pre-termination hearing no less than two (2) working days and within termination. Employees shall receive five (5) working days advance notice of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay pre- disciplinary conference and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed entitled to review and a copy of all evidence known at the contents time that gave rise to the allegations. This exchange of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization evidence shall include a statement that the Employee releases not preclude the Employer from all liability regarding relying on evidence that is later discovered or from admitting other evidence at any point of the disclosure grievance process. If additional evidence is later discovered, the employee will be given a reasonable amount of these records. The Union agrees time to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these recordsrespond.
Section 13.13 It is agreed reduction SECTION 6: Any Employer representative presiding over a pre-disciplinary conference regarding imposition of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and discipline shall not be grievableserve as the presiding Employer representative at Step One or Two under Article 9 titled Grievance Procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves Employees who are to be or may be disciplined are entitled to Union Representation exclusively in any disciplinary proceedings consistent with the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense Xxxx County Disciplinary Action Policy and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationProcedure. The Union representative shall and the County agree that discipline should be told the purpose of the meeting timely, progressive and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses accompanied by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Recordcounseling. It is understood informal counseling sessions occur from time to time which may not that all disciplines below suspension shall be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty discarded after one (301) calendar days from becoming aware of year if the alleged employee has not received additional discipline for the same or similar offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days Suspensions, other than for offenses that constitute a criminal or civil violation of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated abovefederal, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this AgreementState, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manualmunicipal law, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally longer be considered in determining future disciplinary reviews actions be discarded from an employee's personnel file twenty-four (24) months from the date the suspension was issued, provided the employee has not received discipline for a maximum of only two the same or similar offense during that twenty-four (224) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsmonth period. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure Suspensions for time and attendance shall be removed discarded from an employee’s personnel file after twelve (12) months from the Employee’s Human Resources Department file date of suspension, provided that no other discipline has been issued for time and attendance during the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction 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 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 limited to held. Departments should convene a maximum of five pre-disciplinary hearing and impose disciplinary action promptly. Generally, the pre- disciplinary hearing shall be convened within thirty (530) days and of the time the alleged infraction occurred or became known to the Department. This time frame shall not be grievablestrictly 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 scheduled in a timely manner. In the event, the Union’s representative or designee does not respond to scheduling of such hearing, the employee may be disciplined accordingly. The County shall make every reasonable effort to assign a manager from a different department than the department in which the act that gave rise to the 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 thepublic. An employee’s disciplinary record in accordance with the provisions of Article IV, Section 4.13 of the Healthcare Professionals, Technicians, Technologists, Article XIV, Section 14.1 of the Stroger/Xxxxxx Agreements shall not be used to determine whether or not they are promoted orlaterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for just cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure Procedure, as applicable. In the administration of this Article, all discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, B Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employeeemployee. Counseling of this type shall be held in private between the Employee and supervisionthe supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employeeemployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.. and five (5)
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit a Union Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to a pre-action such hearing working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentdepartment except in the Streets and Storm Water Department and the Water and Sewer Department which shall require a certified hearing officer from outside the work division. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall be upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Union Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headheadHuman Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, Agreement or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. Vacation leave accrual reduction in lieu of suspension without pay for excessive absenteeism shall be offered to an Employee and, if accepted by an Employee, shall be considered a suspension without pay for purposes of progressive discipline. An Employee who commits an a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. NOTE: This section replaces entirely Section 2.9 E and F of the Faculty Handbook
Section 13.1 17.1. The City reserves the right to discipline University agrees that no Bargaining Unit Member shall be suspended without pay or discharge any non-probationary Employee for discharged without just cause. Any such discipline or discharge Discharge shall be subject defined as the termination of a tenured faculty member or the termination of a faculty member’s appointment prior to the Grievance expiration of that appointment. However, termination of tenured faculty for financial, programmatic or Appeals Procedure as applicable. In other administrative considerations shall not be covered by the administration just cause provisions of this Article, discipline shall be reasonably expedientbut instead are addressed in Article 19, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesRetrenchment.
Section 13.2 The City and Union agree Employees shall 17.2. Discipline may include written warnings which will not be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules issued arbitrarily or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationcapriciously. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with Bargaining Unit Member will receive a copy provided to the Employee. The Employee may provide a of any written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not warning and such warning will be placed in the EmployeeBargaining Unit Member’s official Human Resources Department personnel file. Any such warning will specifically state that it is a written disciplinary warning. Concerns over a Bargaining Unit Member’s performance, as opposed to misconduct, will be handled in accordance with the Evaluation Article 12. As a general principle, a Bargaining Unit Member will be promptly informed about any administrative judgment about her or his conduct or performance.
17.3. Discipline shall not include oral counseling or verbal reprimands, nor shall it include performance reviews. Such matters are not grievable under this Agreement.
17.4. At the President’s discretion, a Bargaining Unit Member may be placed on paid administrative leave to permit the University to investigate potential or alleged misconduct that may lead to discipline. However, should an Employee grieve or appeal any employment action in the future, counseling records may being placed on such administrative leave shall not itself be used as evidence in these grievance hearings or appealsdeemed discipline.
Section 13.5 Management 17.5. In cases where the administration is conducting an investigatory interview that the Bargaining Unit Member reasonably believes may lead to discipline, the Bargaining Unit Member shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or Association representative present at the hearingmeeting. The administration shall provide a reasonable notice of such meetings and the allegations to be discussed at the meeting.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing17.6. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearingWhere appropriate, the Xxxxxxx University may also require as part of disciplinary action restitution, appropriate training or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule counseling or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveother remedial action. The Employer shall normally hold University reserves all rights to itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days violation of the suspension or as soon as reasonably possiblelaw. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.Article 18: Intellectual Property Policy
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration employment of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records faculty member shall not be placed terminated except for just cause. The President or his designate shall state in writing the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in facts believed to constitute just cause for the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion dismissal of a final pre-action or pre-termination hearing resulting in discipline or terminationfaculty member. Upon Management providing written notice of When this statement is prepared, a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees copy shall be given to the opportunity to have an IT/IS Unit faculty member and the Association Xxxxxxx or representative, chosen by and the Employee, present in any disciplinary hearing. Employees faculty member shall be notified in writing advised of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at seek the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome assistance of the hearingAssociation. Notice Other Disciplinary Action Other disciplinary action includes written censures and letters of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentreprimand. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative A faculty member shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given sent a copy of any such discipline document (at the time such action of filing) placed on the faculty member's personnel file. The faculty member is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action to provide immediate written acknowledgment of receipt of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possiblecopy. In cases where the Employee is on paid administrative leaveresponse to any such documents placed in a faculty member's personnel file, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee faculty member shall be placed on either authorized personal leave or leave without pay entitled to prepare a statement and include it in said file. Upon the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. Howeverfaculty member's request, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure any such document shall be removed from the Employee’s Human Resources Department file and the Employee’s official faculty member's personnel file within his/her departmentafter the expiration of three years or at the end of current contract whichever is longer provided there has not been a further infraction. FORMAL MEETINGS DISCIPLINARY ACTION it expects will in discipline.
Section 13.12 Employees ,the will hate the right to have a union representative present in such meeting. COLLECTIVE AGREEMENT PAGE Any alleged non-compliance with action but will result in a reconvening with only If a reconvened render void meeting necessary information from reconvened meeting shall be allowed considered COLLECTIVE AGREEMENT PAGE RENEWAL OF APPOINTMENT APPOINTMENT OF TEMPORARY EMPLOYEES Seniority of Temporary Faculty A temporary faculty member whose initial evaluations have been satisfactory shall accrue seniority. Accrual and Available Work This clause applies to review both non-instructional and copy contents instructional faculty. Additional available work in the same department will be offered, on the basis of his/her Human Resources personnel file seniority, first to qualified regular faculty on lay-off who have recall rights under appropriate supervision Articles and and then to qualified regular faculty who have less than full workloads. If there are two or more regular faculty with equal seniority, allocation of available work will be made by a hiring committee as per Article The length of contract will reflect the specific needs of the department. Where work is required on a continuous basis, appointments will be without breaks. LIMITATIONS ON USE OF NON-REGULAR POSITIONS In those instances where the ongoing workload is sufficient, the University-College shall normally (and when budget permits) recruit and appoint regular, rather than temporary faculty members. Where ongoing full-time work is created (e.g. through the addition of new programs) which can be filled by a single faculty member, a regular position will be created. CONVERSION OF FACULTY (INSTRUCTIONAL AND INSTRUCTIONAL) TO REGULAR STATUS Nothing in Article prohibits the Employer’s right to regularize any position as it deems necessary. COLLECTIVE AGREEMENT PAGE Regularization of Temporary Faculty Eligibility Requirements A temporary pro rata faculty member shall be entitled to be converted to regular status where the temporary pro rata faculty member has worked not less than two consecutive academic years immediately preceding with an annual workload of fifty percent (50%) or greater with work in each of the fall and spring semesters in each of those two consecutive academic years, provided: There is a reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents expectation of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense ongoing employment for which the Employee could be suspended without pay, may, faculty member is deemed qualified pursuant to below at the sole discretion a workload of not less than fifty percent (50%) of an annual full-time workload with work in each of the Employee’s supervisor, be offered a vacation leave accrual reduction fall and spring semesters in lieu of suspension without pay, whichthe next academic year; The evaluations, if acceptedany, shall be considered a suspension without pay of the faculty member during the two consecutive academic years immediately preceding regularization have all been deemed satisfactory; and A duly constituted selection committee (Article in the applicable seniority deems the faculty member qualified for purposes of progressive disciplinethe work available. Only one vacation leave accrual reduction The academic year is deemed to commence August and may be imposed include workload during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days the subsequent fall, spring and shall not be grievable.special
Appears in 1 contract
Samples: Collective Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-16.1 Except for those covered employees who may be terminated during their probationary Employee period, no covered employee shall be disciplined except for just cause. Any such discipline or discharge The just cause provision shall be subject not apply to the Grievance separation of covered employees due to the cessation of funding from a grant or Appeals Procedure as applicableexternal source, or layoffs due to retrenchment.
16.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. In Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the administration College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of this Articlecounsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline shall will normally be reasonably expedientimposed in a progressive manner, progressive in nature, the CCSNH may skip or repeat steps based upon the circumstances of the offense and the Employee’s performance recordany given case. All discipline shall be documented in writing, and be corrective rather than punitive (except shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the case presence of termination)the employee.
16.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of issuance. This principle An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not apply be deemed to deliberate be acceptance of the rendered discipline or serious offenses as a waiver of any right to which the employee may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesentitled.
Section 13.2 The City and Union agree Employees 16.4 As set forth in Article 4.5.6 a covered employee shall be treated as consistently as possible as concerns entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him him/her. The Association representative's role at an investigative interview or hermeeting is to consult with the employee. The CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the Employee has the rightprinciples of “Xxxxxxxxxx”, upon request“Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it both full-time and part-time covered employees.
16.5 A covered employee who is the Employee’s responsibility to know and request Union representation. The Union representative subject of a disciplinary investigation shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate notified in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee writing within seven (7) calendar days of such investigation. Notification shall include the allegation or wrongdoing that requires investigation and the anticipated date of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationthe investigation. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process All investigations shall be completed.
Section 13.6 Employees shall be given the opportunity to have completed within sixty (60) calendar days, unless exceptional circumstances justify an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing extension of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered time for discipline involving a suspension without pay or demotion as a possible outcome completion of the hearinginvestigation. Notice of a pre-termination hearing means that an extension shall be in writing by the Employee is being considered for any level of discipline up President or Chancellor, as applicable, to and including discharge as a possible outcome the employee before the expiration of the hearing.
Section 13.8 Discipline above sixty (60) day period and shall set forth the level exceptional circumstances and the date of written reprimand shall require a certified hearing officer from outside the departmentanticipated completion. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative The employee shall be afforded informed in writing when the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, investigation is complete and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 determination of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveinvestigation. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions Investigations shall normally be considered conducted in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsconfidential manner. Any documentation relating to a specific disciplinary action overturned through either During any investigation the grievance or appeal procedure employee shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within retain his/her department.
Section 13.12 Employees shall be allowed to review current position, status, schedule, assignment and copy contents rate of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, mayexcept as provided in Article 16.6, at below or as otherwise determined based on the sole discretion of circumstances surrounding the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievablematter under investigation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves When a written reprimand, a suspension or a discharge of an employee in the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge bargaining unit has occurred, the Corporation shall be subject to notify the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances Local President of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate Alliance or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject designate of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conductaction. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it When an employee is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told attend a meeting, the purpose of which is to render a disciplinary decision, or to advise of, or conduct an investigation the meeting and be given reasonable time employee, the employee is entitled to confer with have, at their request, a representative of the Employee before Alliance attend the meeting. Employees have the right to not participate in The employee shall receive a minimum of two (2)day's notice of such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification advised of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx representative attend the meeting. When an is suspended with or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion discharged, the Corporation must provide to the employee at the time of suspension or discharge the written reasons for such action. The Corporation agrees not to introduce as evidence in a possible outcome hearing relating to disciplinary action any document from the filé of an employee the hearing. Notice content of which the employee was not aware of at the time of filing or within a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the departmentreasonable time thereafter. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative employee shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, made aware of and discharges. Employees disciplined shall be given receive a copy of such discipline at all written disciplinary reports and reprimands which have been on the time such action is taken. This employee's Any document shall include or written statement related to disciplinary action, placed on the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action personal file of the Employee employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, 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 not satisfactorily at Step then the grievance may be referred to Expedited Arbitration in accordance with Article 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 if appropriatecurrent job description which shows their classification level and the duties and responsibilities for their position, recommend corrective action the responses to the EmployeeJob Evaluation questionnaire for position and the compensation attributed to the position. A non-probationary Employee shall have If, during the right to appeal or grieve such discipline as provided under Article 14 or Article 15 term of this Agreement, a new plan is adopted or under the administrative grievance procedure provided within Section 400 classification plan is modified such that new levels are introduced, ‘the Corporation shall negotiate the rates of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and affecting the pay status determination of the employees on their movement to the new levels. All positions and all newly created positions in the bargaining unit shall be solely at managementevaluated in accordance with the classification plan. Changes in Classification When the duties and responsibilities of an employee’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part position have been substantially modified by the Corporation, on request of the progressive disciplinary process regardless of similarity. Howeveremployee, disciplinary actions the Corporation shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either reevaluate the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days position and shall not be grievablegive the employee the results in writing.
Appears in 1 contract
Samples: Collective Agreement
Discipline.
Section 13.1 The City reserves Employees who are to be or may be disciplined are entitled to Union Representation exclusively in any disciplinary proceedings consistent with the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense Cook County Disciplinary Action Policy and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationProcedure. The Union representative shall and the County agree that discipline should be told the purpose of the meeting timely, progressive and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses accompanied by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Recordcounseling. It is understood informal counseling sessions occur from time to time which may not that all disciplines below suspension shall be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty discarded after one (301) calendar days from becoming aware of year if the alleged employee has not received additional discipline for the same or similar offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days Suspensions, other than for offenses that constitute a criminal or civil violation of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated abovefederal, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this AgreementState, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manualmunicipal law, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally longer be considered in determining future disciplinary reviews actions be discarded from an employee's personnel file twenty-four (24) months from the date the suspension was issued, provided the employee has not received discipline for a maximum of only two the same or similar offense during that twenty-four (224) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsmonth period. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure Suspensions for time and attendance shall be removed discarded from an employee’s personnel file after twelve (12) months from the Employee’s Human Resources Department file date of suspension, provided that no other discipline has been issued for time and attendance during the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction 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 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 limited to held. Departments should convene a maximum of five pre-disciplinary hearing and impose disciplinary action promptly. Generally, the pre- disciplinary hearing shall be convened within thirty (530) days and of the time the alleged infraction occurred or became known to the Department. This time frame shall not be grievablestrictly 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 scheduled in a timely manner. In the event, the Union’s representative or designee does not respond to scheduling of such hearing, the employee may be disciplined accordingly. The County shall make every reasonable effort to assign a manager from a different department than the department in which the act that gave rise to the pre-disciplinary meeting occurred. An employee's disciplinary record in accordance with the provisions of Article IV, Section 4.13 of the Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of the Stroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are promoted or laterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headHuman Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend determine the five (5) working day requirement length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 14.01 The City reserves Employer shall not discipline, suspend or discharge an employee without just cause. In any grievance over disciplinary action, the right burden of proof of just cause lies within the Employer.
14.02 The Employer and Employee agree that all correspondence and meetings relating to discipline procedures shall be kept strictly confidential to the parties directly involved in the investigation and processing of the complaint.
14.03 The Employer accepts the concept of progressive discipline and agrees to apply it in a fair and reasonable fashion and in good faith.
14.04 The Employer shall not impose any discipline until the employee has been made aware of the situation requiring correction and the standard required; and has been given reasonable opportunity to improve. Prior to the imposition of any discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge an employee shall be subject to notified at a meeting with the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances Personnel Committee of the offense reason(s) for such action and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary right to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative If the employee so wishes, s/he shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meetingaccompanied by a Union representative. Employees have the right to not participate in such Such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between as soon as possible after the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document Employer requests such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsmeeting.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees 14.05 An employee shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered grounds for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these recordsdiscipline. The Union agrees shall be notified in writing at the same time. In grievance procedure (including arbitration) pertaining to defendany discipline, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to the grounds as originally notified under this Article.
14.06 Where an employee acts in a maximum manner that constitutes a danger to her/himself or others, notwithstanding the above provisions for progressive discipline, the Employer may suspend the employee with pay until the matter is resolved
14.07 Failure of five the Employer to conform with the provisions of this Article shall render the discipline null and void. Failure of the Employee to conform with the provisions of this Article can be further grounds for Discipline.
14.08 The Employer shall provide the employee and the Union with a copy of any written warning or adverse report affecting the employee placed in the Personnel File. Any reply by the employee shall become part of the record and placed in the Personnel File. The Employer may not rely upon or use any written warning against an employee for any purpose unless this clause is first complied with.
14.09 Clauses14.03 and 14.04 notwithstanding, where the Employer believes on reasonable grounds that an employee has committed an act of negligence or misconduct of sufficient gravity in and of itself to constitute cause for dismissal, the Employer may suspend the employee from duty with full pay and benefits for a period of twenty (520) days pending investigation of the alleged act. Within that 20-day period the Employer shall conduct a diligent investigation. If, on the basis of that investigation, the Employer reasonably concludes that there is clear and compelling evidence that the employee has committed such an act, the Employer may immediately suspend the employee without pay. This suspension shall become dismissal if no grievance is filed in accordance with Article 11. Should a grievance be filed, this suspension shall be resolved through the procedure specified in Article 11.06.
14.10 The record of any disciplinary action and any matters forming the basis of or raised during such a disciplinary action shall not be grievablereferred to or used against an employee at any time after eighteen (18) months following such an action. It can be used if there is a new occurrence that is grounds for Discipline within the 18 month period.
14.11 Any material related to matters mentioned in 14.10 shall be destroyed 18 months after being placed in the Personnel File providing that no subsequent disciplinary action has been initiated within that period.
14.12 Failure to grieve previous discipline, or to pursue such a grievance to arbitration, shall not be considered to be an admission that such discipline was for just cause. If subsequent disciplinary action has been initiated within 18 months of the imposition of an earlier disciplinary action, the information from the earlier discipline is admissible as evidence in an arbitration hearing.
Appears in 1 contract
Samples: Collective Agreement
Discipline.
Section 13.1 The City reserves Board agrees with the right tenets of progressive and corrective discipline, including but not limited to oral reprimand, written reprimand, suspension without pay, and discharge. The Superintendent or designee may place an employee on paid administrative leave during an investigation. The Board agrees to administer discipline in a manner which is neither arbitrary nor capricious and further agrees that it shall bear the burden of demonstrating that disciplinary action is neither arbitrary nor capricious. However, nothing contained herein shall require the Board to exhaust any or all of the listed disciplinary techniques when a determination has been made of the need to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesemployee.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers A. When an employee is required to set forth specific rules attend a meeting with his or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigationher supervisor, and the Employee has a reasonable belief that employee believes the interview meeting may result in disciplinary action against to him or her, that employee may have a Union representative present at such meeting (only one employee representative will be released if the Employee meeting is during the work day). The Union will provide to the District a current listing of Union representatives, titled “Grievance Representative Assignment,” to be used for this purpose at each building, and the supervisor involved will make the necessary arrangements to ensure the availability of the listed Union representative(s) for all meetings. Provided, however, if the Union has not designated a representative at a building, or if the rightdesignated representative(s) in that building are absent or unavailable, upon requestthe District may select another representative from the listing provided by the Union.
B. In the event the Union representative is asked to attend a meeting with a bargaining unit member during the representative’s regular work day, that representative shall be released from his/her District responsibilities without loss of pay.
C. Whenever an employee is called to a meeting to be disciplined, the Board or its designee shall notify the employee of his/her right to have a Union representative presentpresent prior to the administration of said discipline. Management is not required It shall be the responsibility of the employee to inform the Employee of be disciplined to secure his/her witness rights; it is representative, provided this does not unreasonably delay the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the disciplinary meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by D. Any and all official documents placed in an Employee, management has employee’s personnel file as part of a responsibility to discuss such matter with the Employee. Counseling of this type shall disciplinary procedure will be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with employee and the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employeeemployee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated representative (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action discipline is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension administered or as soon thereafter as is reasonably possible. In cases where If an employee has received only one verbal reprimand during the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any rolling twelve (12) month period, the verbal reprimand will be removed from the employee’s file at the end of the twelfth month, upon the employee’s request, provided there has been no additional employee discipline. Vacation Leave accrual reduction shall Upon the employee’s written request, letters of reprimand will be limited removed after twenty-four (24) months if the employee has not had any additional discipline during the twenty-four month period.
E. The Board will provide Bargaining Unit employees with written notice of investigatory interviews that may result in the employee’s discipline. The notice of the investigatory interview will be copied to a maximum of five (5) days the Unit Chairperson. Bargaining Unit employees retain the right to decline Union representation in such interviews, and shall if such representation is declined, the Union’s representative will not be grievablepresent during the interview.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves Employees who are to be or may be disciplined are entitled to Union Representation exclusively in any disciplinary proceedings consistent with the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense Cook County Disciplinary Action Policy and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representationProcedure. The Union representative shall and the County agree that discipline should be told the purpose of the meeting timely, progressive and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses accompanied by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Recordcounseling. It is understood informal counseling sessions occur from time to time which may not that all disciplines below suspension shall be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty discarded after one (301) calendar days from becoming aware of year if the alleged employee has not received additional discipline for the same or similar offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days Suspensions, other than for offenses that constitute a criminal or civil violation of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated abovefederal, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this AgreementState, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manualmunicipal law, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally longer be considered in determining future disciplinary reviews actions be discarded from an employee's personnel file twenty-four (24) months from the date the suspension was issued, provided the employee has not received discipline for a maximum of only two the same or similar offense during that twenty-four (224) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsmonth period. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure Suspensions for time and attendance shall be removed discarded from an employee’s personnel file after twelve (12) months from the Employee’s Human Resources Department file date of suspension, provided that no other discipline has been issued for time and attendance during the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction 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 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 limited to held. Departments should convene a maximum of five pre-disciplinary hearing and impose disciplinary action promptly. Generally, the pre-disciplinary hearing shall be convened within thirty (530) days and of the time the alleged infraction occurred or became known to the Department. This time frame shall not be grievablestrictly 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 scheduled in a timely manner. In the event, the Union’s representative or designee does not respond to scheduling of such hearing, the employee may be disciplined accordingly. The County shall make every reasonable effort to assign a manager from a different department than the department in which the act that gave rise to the pre-disciplinary meeting occurred. An employee's disciplinary record in accordance with the provisions of Article IV, Section 4.13 of the Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of the Stroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are promoted orlaterally transferred.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City 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 or discharge any non-probationary an Employee for causejust 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. Any such 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 or discharge shall be subject and agrees to impose discipline only in accordance with the Grievance or Appeals Procedure as applicable. In the administration provisions of this Article, . It is understood that discipline shall be reasonably expedient, progressive in nature, based upon the circumstances not include suspension with pay. The fact and substance of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees investigations shall be treated as consistently as possible as concerns confidential by the application Employer. Notification of discipline and/or other actions regarding work rules as found within Employee of the Appendix titledPossible Imposition of Discipline When the Employer has grounds for discipline, Work Rules for Personal Conduct. This the Employer shall not preclude the rights forward a letter of individual departments and managers to set forth specific rules or manners of operating their work areas which are related allegation to the provision Employee within ten working days and shall notify the Employee in writing of specific services the time and place of a meeting to discuss the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigationmatter, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform shall advise the Employee of his/her witness rights; it is the Employee’s responsibility right to know and request Union representation. The Union representative date for the meeting as specified in the letter shall be told no later than ten working days from the purpose 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 an agreement as to which documents shall be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question amended or removed from the Employee.
Section 13.4 For minor offenses by an Employee’s Personal File. If the matter is not resolved to the satisfaction of the parties involved, management has a responsibility the Employer may proceed to discuss such matter with impose discipline. Imposition of Discipline When the Employee. Counseling of this type shall be held in private between Employer decides to impose discipline, the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees Union shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome nature of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to be imposed and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer reasons for no more than ten (10) minutes its imposition prior to the hearing officer meeting with management representativesdiscipline taking effect. Hearings shall be conducted by an impartial hearing officer designated by The Patties agree that the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and dischargesfirst discipline imposed may take the form of a letter of reprimand. Employees disciplined shall be given a copy The Parties agree that the Employer may proceed directly to more severe forms of such discipline at the time such action is takenfor very serious actions. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City The Employer may suspend an Employee until with full pay and benefits during its consideration and investigation of serious actions allegedly committed by the incident is completed and will normally place the Employee on paid administrative leaveEmployee. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous 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. No grievance filed while the disciplinary issues process is unfolding may prevent the disciplinary process from continuing to its end. A grievance against a disciplinary measure shall be considered part filed at Step Three of the progressive disciplinary process regardless Grievance Procedure subject to Article Any discipline or warning shall not be used against any Employee after a period of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum twelve (12) months of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations employment from the date of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure discipline and the pertinent documents shall be removed from the Employee’s Human Resources Department file and Personal File after this time, unless the Employee’s official personnel file discipline pertains to a very serious action or unless discipline for similar conduct has been recorded within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month periodmonths of employment from the date of the discipline. Vacation Leave accrual reduction No Employee in a supervisory capacity will invoke the disciplinary provisions of the Collective Agreement on any other Employee. The Employee in a supervisory capacity shall refer all complaints in which discipline may be indicated to her immediate Supervisor. No Employee in a supervisory capacity shall be limited required to attend the meeting as per and there shall be no recriminations in any form whatsoever when an Employee in a maximum of five (5) days and shall supervisory capacity chooses to exercise her right not be grievableto attend such a meeting.
Appears in 1 contract
Samples: Collective Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section . ection 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and dischargesHuman Resources Director or designee. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action Upon conclusion of the Employee hearing and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 recommendation of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leaveofficer, the Department Head shall have sole authority to extend make the five final determination of discipline (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretionif any).
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 14.01 The City reserves Employer shall not discipline, suspend or discharge an employee without just cause. In any grievance over disciplinary action, the right burden of proof of just cause lies within the Employer.
14.02 The Employer and Employee agree that all correspondence and meetings relating to discipline procedures shall be kept strictly confidential to the parties directly involved in the investigation and processing of the complaint.
14.03 The Employer accepts the concept of progressive discipline and agrees to apply it in a fair and reasonable fashion and in good faith.
14.04 The Employer shall not impose any discipline until the employee has been made aware of the situation requiring correction and the standard required; and has been given reasonable opportunity to improve. Prior to the imposition of any discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge an employee shall be subject to notified at a meeting with the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances Personnel Committee of the offense reason(s) for such action and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary right to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative If the employee so wishes, s/he shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meetingaccompanied by a Union representative. Employees have the right to not participate in such Such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between as soon as possible after the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document Employer requests such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appealsmeeting.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees 14.05 An employee shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered grounds for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these recordsdiscipline. The Union agrees shall be notified in writing at the same time. In grievance procedure (including arbitration) pertaining to defendany discipline, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to the grounds as originally notified under this Article.
14.06 Where an employee acts in a maximum manner that constitutes a danger to her/himself or others, notwithstanding the above provisions for progressive discipline, the Employer may suspend the employee with pay until the matter is resolved
14.07 Failure of five the Employer to conform with the provisions of this Article shall render the discipline null and void. Failure of the Employee to conform with the provisions of this Article can be further grounds for Discipline.
14.08 The Employer shall provide the employee and the Union with a copy of any written warning or adverse report affecting the employee placed in the Personnel File. Any reply by the employee shall become part of the record and placed in the Personnel File. The Employer may not rely upon or use any written warning against an employee for any purpose unless this clause is first complied with.
14.09 Clauses14.03 and 14.04 notwithstanding, where the Employer believes on reasonable grounds that an employee has committed an act of negligence or misconduct of sufficient gravity in and of itself to constitute cause for dismissal, the Employer may suspend the employee from duty with full pay and benefits for a period of twenty (520) days pending investigation of the alleged act. Within that 20-day period the Employer shall conduct a diligent investigation. If, on the basis of that investigation, the Employer reasonably concludes that there is clear and compelling evidence that the employee has committed such an act, the Employer may immediately suspend the employee without pay. This suspension shall become dismissal if no grievance is filed in accordance with Article 11 (Grievance Procedure). Should a grievance be filed, this suspension shall be resolved through the procedure specified in Article 11.06 (Grievance Procedure).
14.10 The record of any disciplinary action and any matters forming the basis of or raised during such a disciplinary action shall not be grievable.referred to or used against an employee at any time after eighteen
Appears in 1 contract
Samples: Collective Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-16.1 Except for those covered employees who may be terminated during their probationary Employee period, no covered employee shall be disciplined except for just cause. Any such discipline or discharge The just cause provision shall be subject not apply to the Grievance separation of covered employees due to the cessation of funding from a grant or Appeals Procedure as applicableexternal source, or layoffs due to retrenchment.
16.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. In Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the administration College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of this Articlecounsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline shall will normally be reasonably expedientimposed in a progressive manner, progressive in nature, the CCSNH may skip or repeat steps based upon the circumstances of the offense and the Employee’s performance recordany given case. All discipline shall be documented in writing, and be corrective rather than punitive (except shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the case presence the employee.
16.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of termination)issuance. This principle An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not apply be deemed to deliberate be acceptance of the rendered discipline or serious offenses as a waiver of any right to which the employee may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesentitled.
Section 13.2 The City and Union agree Employees 16.4 As set forth in Article 4.5.7, a covered employee shall be treated as consistently as possible as concerns entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him him/her. The Association representative's role at an investigative interview or hermeeting is to consult with the employee. The CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the Employee has the rightprinciples of “Xxxxxxxxxx”, upon request“Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it both full-time and part-time covered employees.
16.5 A covered employee who is the Employee’s responsibility to know and request Union representation. The Union representative subject of a disciplinary investigation shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate notified in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the identity of the party or parties to perform the investigation, and the anticipated date of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationthe investigation. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process All investigations shall be completed.
Section 13.6 Employees shall be given the opportunity to have completed within sixty (60) calendar days, unless exceptional circumstances justify an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing extension of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered time for discipline involving a suspension without pay or demotion as a possible outcome completion of the hearinginvestigation. Notice of a pre-termination hearing means that an extension shall be in writing by the Employee is being considered for any level of discipline up President or Chancellor, as applicable, to and including discharge as a possible outcome the employee before the expiration of the hearing.
Section 13.8 Discipline above sixty (60) day period and shall set forth the level exceptional circumstances and the date of written reprimand shall require a certified hearing officer from outside the departmentanticipated completion. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative The employee shall be afforded informed in writing when the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, investigation is complete and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 determination of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveinvestigation. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions Investigations shall normally be considered conducted in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsconfidential manner. Any documentation relating to a specific disciplinary action overturned through either During any investigation the grievance or appeal procedure employee shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within retain his/her department.
Section 13.12 Employees shall be allowed to review current position, status, schedule, assignment and copy contents rate of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, mayexcept as provided in Article 16.6, at below or as otherwise determined based on the sole discretion of circumstances surrounding the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievablematter under investigation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-15.1 Except for those covered employees who may be terminated during their probationary Employee period, no covered employee shall be disciplined except for just cause. Any such discipline or discharge The just cause provision shall be subject not apply to the Grievance separation of covered employees due to the cessation of funding from a grant or Appeals Procedure as applicableexternal source, or layoffs due to retrenchment.
15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a salary increment; disciplinary suspension without pay; demotion; and discharge. In Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the administration College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of this Articlecounsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline shall will normally be reasonably expedientimposed in a progressive manner, progressive in nature, the CCSNH may skip or repeat steps based upon the circumstances of the offense and the Employee’s performance recordany given case. All discipline shall be documented in writing, and be corrective rather than punitive (except shall specifically cite the act or omission that supports the disciplinary action. The CCSNH shall make every reasonable attempt to administer disciplinary action in a timely fashion. Disciplinary actions shall normally take place in the case presence the employee.
15.3 All disciplinary documentation shall be placed in the employee's personnel file at the time of termination)issuance. This principle An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not apply be deemed to deliberate be acceptance of the rendered discipline or serious offenses as a waiver of any right to which the employee may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievancesentitled.
Section 13.2 The City and Union agree Employees 15.4 As set forth in Article 4.5.7, a covered employee shall be treated as consistently as possible as concerns entitled to Association representation at a disciplinary meeting or an investigative interview or meeting, if requested by the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him him/her. The Association representative's role at an investigative interview or hermeeting is to consult with the employee. The CCSNH is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases, the Employee has the rightprinciples of “Xxxxxxxxxx”, upon request“Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it both full- time and part- time covered employees.
15.5 A covered employee who is the Employee’s responsibility to know and request Union representation. The Union representative subject of a disciplinary investigation shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate notified in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee writing within seven (7) calendar days of such investigation. Notification shall include the allegation of wrongdoing that requires investigation, the identity of the party or parties to perform the investigation, and the anticipated date of completion of a final pre-action or pre-termination hearing resulting in discipline or terminationthe investigation. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process All investigations shall be completed.
Section 13.6 Employees shall be given the opportunity to have completed within sixty (60) calendar days, unless exceptional circumstances justify an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing extension of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered time for discipline involving a suspension without pay or demotion as a possible outcome completion of the hearinginvestigation. Notice of a pre-termination hearing means that an extension shall be in writing by the Employee is being considered for any level of discipline up President or Chancellor, as applicable, to and including discharge as a possible outcome the employee before the expiration of the hearing.
Section 13.8 Discipline above sixty (60) day period and shall set forth the level exceptional circumstances and the date of written reprimand shall require a certified hearing officer from outside the departmentanticipated completion. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative The employee shall be afforded informed in writing when the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, investigation is complete and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 determination of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leaveinvestigation. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions Investigations shall normally be considered conducted in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristicsconfidential manner. Any documentation relating to a specific disciplinary action overturned through either During any investigation the grievance or appeal procedure employee shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within retain his/her department.
Section 13.12 Employees shall be allowed to review current position, status, schedule, assignment and copy contents rate of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, mayexcept as provided in Article 15.6, at below or as otherwise determined based on the sole discretion of circumstances surrounding the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievablematter under investigation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline.
Section 13.1 SECTION 1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject belongs to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer remains with the Employee before the meetingAuthority. Employees covered by this Agreement shall have the right to not participate be heard in such a meeting if management denies union representation and continues to question accordance with the Employeegrievance procedure.
Section 13.4 For minor offenses by SECTION 2 Charges against an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall employee will be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject called to the Grievance Procedureemployee’s attention, and discipline will be rendered within five (5) of the employee’s workdays after the Authority has completed its investigation, excluding days the employee was absent. A written Employee Counseling Record An employee may be suspended without pay during an investigation. Internal investigations will be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar working days from becoming aware unless there are extenuating circumstances, at which time the Union will be notified. If the discipline charges are not sustained, the employee’s record will be cleared of the alleged offense. A disciplinary action report should be offered to charges and the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management employee will be given additional time. The written notice shall provide reimbursed for any lost wages suffered as a result of the Employee with an estimated date when the process shall be completeddiscipline.
Section 13.6 Employees shall SECTION 3 When a bargaining unit member is to be given disciplined, the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days prior to such hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) bargaining unit member has the right to have Union representation, upon request. The Union will be notified prior to disciplinary hearings.
SECTION 4 The Authority and the Union recognize that job performance at work is a basic part of any employment arrangement and is an ITessential element of the employer/IS Unit Xxxxxxx or representative employee relationship. Occasionally, the level of an employee’s work performance may unavoidably and understandably fluctuate; however, repeated deficient performance is indefensible, costly and disruptive to the organization. Accordingly, discipline will be administered to employees in a progressive manner at the hearing.
Section 13.7 Notice Authority’s discretion, as provided for in Article 4, Authority Rights. Deficient performance in any one or combination of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of work related categories will result in discipline up to and including discharge as a possible outcome of termination. Progressive discipline will be administered in the hearing.
Section 13.8 Discipline above the level of following steps: Step I Written notification Step II Written notification with Union/Management counseling Step III Final written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity notice with Union/Management counseling Step IV Subject to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. Upon conclusion of a Termination Before disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department head.
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is takenfinalized, all extenuating circumstances and past performance for Steps III and IV will be reviewed and considered. This document shall include Disciplinary entries are valid up to one year after the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action date of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriateissue.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend the five (5) working day requirement due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Appears in 1 contract
Samples: Labor Agreement
Discipline.
Section 13.1 The City reserves the right to discipline or discharge any non-probationary Employee for cause. Any such discipline or discharge shall be subject to the Grievance or Appeals Procedure as applicable. In the administration of this Article, discipline shall be reasonably expedient, progressive in nature, based upon the circumstances of the offense and the Employee’s performance record, and be corrective rather than punitive (except in the case of termination). This principle shall not apply to deliberate or serious offenses which may lead to an immediate demotion or discharge. Pursuant to Tulsa’s Charter and Civil Service rules, probationary Employees have no due process or property rights in their positions until after completing the initial probationary period, which shall mean probationary Employees cannot file disciplinary related grievances or be the subject of such grievances.
Section 13.2 The City and Union agree Employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within the Appendix titled, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an Employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action against him or her, the Employee has the right, upon request, to have a Union representative present. Management is not required to inform the Employee of his/her witness rights; it is the Employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the Employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the Employee.
Section 13.4 For minor offenses by an Employee, management has a responsibility to discuss such matter with the Employee. Counseling of this type shall be held in private between the Employee and supervision. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the Employee. The Employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner. Employee Counseling Records shall not be placed in the Employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the Employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have an IT/IS Unit Xxxxxxx or representative, chosen by the Employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action or pre-termination hearing at least two (2) working days (or equivalent work hours) prior to such a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have an IT/IS Unit Xxxxxxx or representative at the hearing, and 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a suspension without pay or demotion as a possible outcome of the hearing. Notice of a pre-termination hearing means that the Employee is being considered for any level of discipline up to and including discharge as a possible outcome of the hearing.
Section 13.8 Discipline above the level of written reprimand shall require a certified hearing officer from outside the department. An Employee must be afforded an opportunity to hear and discuss the charges and major supporting evidence against him/her prior to any decision being made. In any pre-action or pre-termination hearing, the burden of proof shall fall upon management to show just cause for the subject discipline. Upon conclusion of a disciplinary hearing, the Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the department headHuman Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement, or under the administrative grievance procedure provided within Section 400 of the Personnel Policies and Procedure Manual, as appropriate.
Section 13.10 Pending a pre-action or pre-termination hearing, the City may suspend an Employee until investigation of the incident is completed and will normally place the Employee on paid administrative leave. The Employer shall normally hold a pre-action or pre-termination hearing no less than two (2) working days and within five (5) working days of the suspension or as soon as reasonably possible. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to extend determine the five (5) working day requirement length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review and copy contents of his/her Human Resources personnel file under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the contents of an Employee’s Human Resources personnel file with dated, written authorization from such Employee. The written authorization shall include a statement that the Employee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, indemnify, and to hold the Employer harmless for any legal proceeding arising from the disclosure of these records.
Section 13.13 It is agreed reduction of accrued vacation in lieu of suspension without pay is an effective means of corrective discipline. An Employee who commits an offense for which the Employee could be suspended without pay, may, at the sole discretion of the Employee’s supervisor, be offered a vacation leave accrual reduction in lieu of suspension without pay, which, if accepted, shall be considered a suspension without pay for purposes of progressive discipline. Only one vacation leave accrual reduction may be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of five (5) days and shall not be grievable.
Section 13.14 The parties agree to form a committee to discuss the disciplinary process to begin no later than August 1, 2022. The committee will consist of one representative from
Appears in 1 contract
Samples: Collective Bargaining Agreement