Discipline. A. A bargaining unit member may be suspended with or without pay, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present. B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request. C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President. D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant. E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay. F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review. G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation. H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Discipline. A. A bargaining unit member may be suspended with or without pay, or otherwise disciplined or discharged provided For the Employer has just cause to do so. The just cause standard shall not apply to purpose of this article Supervisor in the discharge case of a probationary employee. Such disciplinary action school shall be subject to mean the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative presentPrincipal.
B. Demotion is an involuntary transfer 15.1 Lakehead District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be employed to a position carrying a lower hourly ratecorrect improper conduct or poor work performance. An opportunity will be provided for the disciplined employee to correct the inappropriate behaviour identified. In cases of demotionsevere misconduct, the bargaining unit member 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 immediately justified if the situation is beyond the employee's control. The Board has a responsibility to inform the employee of the lack of adequate performance and, in the case of an employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representative present at disciplinary meetings with the Board. The Board will notify the employee in advance of a disciplinary 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.
15.2 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.
15.3 A claim by an employee for unjust suspension or discharge shall be entitled 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 receive employees who have completed their probationary periods.
15.5 The Board will verbally notify the written reasons for same Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within ten five (105) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit memberemployee's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time receipt of said reviewletter.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. A bargaining unit member (a) The Company will endeavour to apply discipline consistently and fairly to all Company employees.
(b) The Union recognizes the right of the Company to discipline employees for just cause. 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 being applied. These notices and any other disciplinary actions may be suspended with or without pay, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge subject of a probationary grievance and processed in accordance with the grievance procedure of this Agreement.
(c) Where an employee is required to meet with a representative of the Company for the purposes of applying discipline to said employee. Such disciplinary action shall be subject to the Grievance Procedure unless , the employee is a probationary employee. Prior to the imposition of any disciplinary actionwill, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotionshould they so desire, the bargaining unit member shall be entitled to receive have a Union representative present during such meeting. The Company will so inform the written reasons for same within ten (10) working days employee prior to such meeting taking place, of his/her written or verbal requesttheir right to Union representation. If Union representation is desired by the employee then reasonable efforts will be made by both parties in scheduling the meeting so that Union representation can occur. However, after reasonable efforts have been made, should a Union representative not be available to attend the meeting, the Company will not be prevented from taking disciplinary action.
C. The Board agrees to furnish written notification of (i) Past disciplinary action to notices will be deemed void after an employee has maintained a clear record with no infractions for twenty-four (24) months. After the bargaining unit member and the Association President.
D. Normallytwenty-four (24) month period, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to notices will be removed from the premises for the balance of the work period as a result of the employee’s Personnel file.
(ii) In disciplinary action takenactions involving serious misconduct, the imposition of discipline will be scheduled during Union and the bargaining unit memberCompany may mutually agree to increase the period that past disciplinary notices are deemed void and removed from the employee's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional payPersonnel file.
F. A bargaining unit member shall have the right, (e) An employee has a right to examine their Personnel file upon request, provided that a duly authorized management representative is present. The employee may reply in writing to review the contents of his/her personnel file any document contained in the presence file which reflects upon their work performance with the Company and such reply will become part of an administrator. At their permanent record.
(f) Grievances arising from discharges will be initiated at the bargaining unit member's option, a representative Formal Review Phase of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action Dispute Resolution Process outlined in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discipline. A. A bargaining unit member may be suspended with or without payThe proceedings for written reprimands, or otherwise disciplined or discharged provided suspensions, demotions and involuntary terminations of this Article shall consider the Employer has just cause 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 do soinclude an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The just cause standard shall not apply 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 discharge of a probationary employee. Such 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.
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 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 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 authorization by an employee involved in a disciplinary hearing, the employee's attorney or union representative may obtain data that are necessary from the personnel file of the employee, subject to the Grievance Procedure unless discipline, in preparation for the employee is Step 1 hearing or Step 2 arbitration.
E. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. However, during any termination notification process for a probationary new hire employee. Prior to the imposition of any , a union representative shall be present as a witness.
F. Whenever an incident takes place that may result in disciplinary 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 termination, a Joint Investigative Team (JIT) comprised of Fire Department management employee(s) and an officer(s) of the employer will advise Union shall convene to investigate the bargaining unit member incident. During their investigation, the team shall interview all parties involved, and analyze the facts of his/her the incident. When an employee is investigated, they shall be provided with a Union representative, and advised of the purpose, time, date, and site of the interview by the respective management. Upon the conclusion of this process, which must be completed within thirty (30) calendar 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 have association representative presentUnion representation during the IIAT investigation.
B. Demotion 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 involuntary transfer 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 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 that the employee has received; 4) Mandatory corrective measures if applicable. The EIS shall provide the 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 position carrying a lower hourly ratehearing conducted by an internal panel in accordance with CCFD Rules and Regulations. In cases of demotionAt such time, the bargaining unit member 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 entitled to receive composed of two (2) employees, one (1) selected by the written reasons for same employee, the other by the Fire Chief, shall meet within ten (10) working days of his/her receiving the request. The employee requesting the panel’s review shall be given at least three (3) working days notice of the time and place for the hearing. The panel shall determine if the written reprimand is appropriate, and whether it should be upheld, overturned or verbal requestmodified. The decision must be rendered within two (2) working days 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 reprimand stands.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member I. Suspensions, Demotions or Terminations
1) Step 1 – Fire Chief Hearing and the Association President.Response
D. Normallya. An employee, progressive correction shall include an oral warningwho is recommended for termination, a written reprimand, suspension may be suspended with or without pay and discharge. It is understood that certain steps in an administrative leave pay status pending the disciplinary sequence may be omitted when Fire Chief hearing or arbitration.
b. The employee, or the nature and severity Union on behalf of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises employee, who has been recommended for the balance of the work period as a result of the disciplinary action takensuspension, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member demotion or termination shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with or without pay1201 The Employer shall discipline, or otherwise disciplined or discharged provided suspend and discharge any non-probationary employee for just cause only. It is the intent of the Employer has just cause to do souse progressive discipline in normal circumstances. The just cause standard 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 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 apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless required where the employee is a probationary employeeguilty 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 given the right to have the local Association representative present at any meeting with supervisors or management representatives when such meetings are investigatory or disciplinary in nature. Prior to the imposition of beginning any investigatory or disciplinary actioninterview, the employer supervisor will advise inform the bargaining unit member CRNA of his/her right the nature of the interview. 1202 It shall not be a violation of this Agreement and it shall not be cause for discipline, including discharge, if a CRNA refuses to have association representative present.
B. Demotion is an involuntary transfer to perform any service which but for the existence of a position carrying a lower hourly rate. In lawful, primary labor dispute would be performed by other employees of the Employer, except in cases of demotion, the bargaining unit member extreme emergencies. 1203 Any material relating to corrective action for which there has been no recurrence for twelve (12) months shall not be entitled to receive the written reasons used as a basis for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary progressive corrective action to the bargaining unit member in any future matters and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to will be removed from the premises file after twelve (12) months from the date of occurrence. Employees will have reasonable access to review their files to ensure that outdated letters of corrective action have been removed. If an employee is absent for the balance of the work period as a result of the disciplinary action takenthirty (30) or more calendar days, the imposition of discipline entire period will be scheduled during added to the bargaining unit member's regularly scheduled hours prescribed time limit for current letters of work, if possiblecorrective action. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee 1204 All employees shall be entitled given the opportunity to additional pay.
F. A bargaining unit member shall have the right, upon request, to read and review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice any formalized concern with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreementcare or services rendered by the Certified Registered Nurse Anesthetist.
Appears in 2 contracts
Samples: Labor Agreement, Tentative Agreement
Discipline. A. A bargaining unit member may be suspended with
Section 13.1 The City reserves the right to discipline or without pay, discharge any non-probationary Employee for cause. Any such discipline or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance or Appeals Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateas applicable. In cases the administration of demotionthis Article, the bargaining unit member discipline shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normallyreasonably expedient, progressive correction shall include an oral warningin nature, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in based upon the disciplinary sequence may be omitted when the nature and severity circumstances of the offense so warrantand 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.
E. All 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 taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action takenhim or her, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have 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 the and copy contents of his/her Human Resources personnel file in under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the presence contents of an administratorEmployee’s Human Resources personnel file with dated, written authorization from such Employee. At The written authorization shall include a statement that the bargaining unit member's optionEmployee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, a representative 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 Association 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 accompany the bargaining unit member at the time be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of said reviewfive (5) days and shall not be grievable.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. A bargaining unit NOTE: This section replaces entirely Section 2.9 E and F of the Faculty Handbook
17.1. The University agrees that no Bargaining Unit Member shall be suspended without pay or discharged without just cause. Discharge shall be defined as the termination of a tenured faculty member or the termination of a faculty member’s appointment prior to the expiration of that appointment. However, termination of tenured faculty for financial, programmatic or other administrative considerations shall not be covered by the just cause provisions of this Article, but instead are addressed in Article 19, Retrenchment.
17.2. Discipline may include written warnings which will not be issued arbitrarily or capriciously. The Bargaining Unit Member will receive a copy of any written warning and such warning will be placed in the Bargaining Unit Member’s 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 suspended with placed on paid administrative leave to permit the University to investigate potential or without payalleged misconduct that may lead to discipline. However, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard being placed on such administrative leave shall not apply itself be deemed discipline.
17.5. In cases where the administration is conducting an investigatory interview that the Bargaining Unit Member reasonably believes may lead to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary actiondiscipline, the employer will advise Bargaining Unit Member shall have the bargaining unit member of his/her right to have association an Association representative presentpresent at the meeting. The administration shall provide a reasonable notice of such meetings and the allegations to be discussed at the meeting.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate17.6. In cases of demotionWhere appropriate, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification University may also require as part of disciplinary action to the bargaining unit member and the Association President.
D. Normallyrestitution, progressive correction shall include an oral warning, a written reprimand, suspension with appropriate training or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receiptcounseling or other remedial action. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached University reserves all rights to the (personnel) file copy itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a violation of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconductlaw. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.Article 18: Intellectual Property Policy
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. A bargaining unit member 801 The Employer shall discipline, suspend or discharge any Health Care Professional for just cause only. 802 All Health Care Professionals shall have the right to have an Association Representative present at any meeting with supervisors or Management representatives when such meetings are accusatory or disciplinary in nature. Management will advise the concerned Health Care Professional if the intent of the meeting is to be investigatory, accusatory or disciplinary in nature. 803 The Employer shall notify the State Association of a discharge within seven (7) workdays stating the reason for the action 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, the Association will be deemed to have been notified. Receipt by a Local Affiliate officer of the Notice of Disciplinary Action will constitute notification as referred to in this Paragraph. 804 If the Association is not notified within seven (7) workdays, the termination will be considered automatically appealed to Step Two of the Grievance Procedure. 805 Health Care Professionals will receive copies of all disciplinary notices placed in their personnel files and shall have the right to 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 a basis for progressive discipline in any future matters and will be removed after one (1) year. The Health Care Professionals shall have the right to review their personnel files to ensure the outdated disciplinary notices have been removed. 806 It is the intent of the Employer to utilize progressive discipline in normal circumstances. The discipline imposed will be appropriate to the offense. Where deemed appropriate, the Employer may elect to use informal corrective action such as verbal counseling and documented counseling prior to the issuing of formal discipline. Formal discipline imposed may include any or all of the following: written Notice of Disciplinary Action, suspension and/or discharge. However, Health Care Professionals may be suspended with discharged for gross misconduct or gross neglect of duty without payprior warning. 807 Personnel Record Information 808 The Employer shall provide copies of Notices of Disciplinary Action to the appropriate Association Co‐Chairperson within five (5) workdays. In the event an Association Representative is present during the discipline, or otherwise disciplined or discharged provided the Employer has just cause Association will be deemed to do sohave been notified. The just cause standard Employer shall not apply notify a Local Affiliate officer when Alternative to Discipline is being utilized. The Local Affiliate officer will be provided with the discharge name of a probationary the employee, the date of the meeting and the level of Alternative to Discipline within five (5) workdays of the meeting. Such disciplinary action shall be 809 All Notices of Disciplinary Action are subject to the Grievance and Arbitration Procedure unless the employee is a except notices of termination issued to probationary employeeemployees as referenced in Paragraph 1006. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. 810 The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the rightEmployer further agrees, upon request, with the written consent of the Health Care Professional and accompanied by the Health Care Professional, to review show the contents of his/her personnel file Association Representative any material in the presence of personnel record which is germane to an administratoralleged infraction by the Health Care Professional, in accordance with established procedures. At 811 In any case where the bargaining unit member's optionEmployer and Association Representative agree to revise personnel record materials, a representative the Employer shall, upon request, provide evidence of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimandsrevision. 812 To satisfy governmental record keeping requirements, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy copies of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth notices shall be permanently maintained in a Letter of Agreement dated November 29, 1990 separate file to which is attached to and incorporated into this Agreementsupervisors shall not have access.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Labor Management Agreement
Discipline. A. A bargaining unit member 16.1 Except for those covered employees who may be suspended with or without payterminated during their probationary period, or otherwise no covered employee shall be disciplined or discharged provided the Employer has except for just cause to do socause. The just cause standard provision shall not apply to the discharge separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
16.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a probationary employee. Such salary increment; disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of suspension without pay; demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay ; and discharge. It is understood Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing, and shall specifically cite the act or omission that certain steps 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 presence the employee.
16.3 All disciplinary sequence documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to which the employee may be omitted when the nature and severity of the offense so warrantentitled.
E. All disciplinary action taken against 16.4 As set forth in Article 4.5.7, a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the covered employee shall be entitled to additional payAssociation representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting 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 principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full- time and part-time covered employees.
F. 16.5 A bargaining unit member covered employee who is the subject of a disciplinary investigation shall have be notified in writing within seven (7) calendar days of such investigation. Notification shall include the rightallegation of wrongdoing that requires investigation, upon requestthe identity of the party or parties to perform the investigation, and the anticipated date of completion of the investigation. All investigations shall be completed within sixty (60) calendar days, unless exceptional circumstances justify an extension of time for completion of the investigation. Notice of an extension shall be in writing by the President or Chancellor, as applicable, to review the contents employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall be informed in writing when the investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a confidential manner. During any investigation the employee shall retain his/her personnel file current position, status, schedule, assignment and rate of pay, except as provided in Article 16.6, below or as otherwise determined based on the presence of an administrator. At circumstances surrounding the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said reviewmatter under investigation.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with or .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.
.2 The intent of discipline is to be progressive and corrective in nature and the specific type of discipline implemented will be dependent upon the severity and frequency of the unacceptable behavior.
.3 The discipline or otherwise discharge of Bargaining Unit Member who has completed the required period of probationary 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 or discharged provided the Employer has with just cause for violation of work rules, and in addition thereto, for acts or omissions to do soact which unnecessarily endanger the health, safety or property of students, other District employees or members of the public. The 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 standard shall not apply and will be issued as soon as practicable after the District becomes aware of the event or action giving rise to the discharge discipline. An effort will be made to administer such discipline within thirty (30) days of a probationary employee. Such disciplinary the time the District becomes aware of the event or action shall be subject giving rise to the Grievance Procedure unless discipline. In the employee event the District is unable to obtain evidence to support its charges due to matters beyond its control, the Bargaining Unit Member and the Union will be notified within a probationary employeethirty (30) day period that discipline may be administered at a later time when evidence becomes available to the District. Suspension With Pay Nothing prohibits the Board or Superintendent from suspending a Bargaining Unit Member with pay pending an 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 imposition suspension without pay or termination of any disciplinary actiona Bargaining Unit Member, the employer will advise the bargaining unit member of his/her Bargaining Unit Member shall have a right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, conference with the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administratorSuperintendent. At the bargaining unit member's optionBargaining Unit Member’s request, a Union representative of will be present. The specific grounds forming the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign basis for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached suspension or termination shall be made available to the Bargaining Unit Member and the Union in writing at least forty-eight (personnel48) file copy hours in advance of such documentationconference. Only the Board after a due process hearing can terminate a Bargaining Unit Member.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline.
A. A bargaining unit The Employer will not discharge or take disciplinary action against a non-probationary Bargaining Unit member may without just cause. Where appropriate, such disciplinary action will be suspended with or without paycorrective and progressive in nature; provided, or otherwise disciplined or discharged provided however, and subject to just cause standards, the Employer has just cause reserves the right to do so. The just cause standard shall not apply issue discipline appropriate to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateoffense. In cases of demotionserious misconduct, the bargaining unit member Employer may administer accelerated discipline, up to and including discharge.
B. The Employer reserves the right to place an Employee on a non-disciplinary paid administrative leave pending the outcome of an investigation. The Employer shall be entitled not extend such leaves longer than necessary to receive conduct a thorough investigation and ensure the written reasons for same within ten (10) working days safety of his/her written 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 verbal requestEmployee 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 will be afforded a reasonable amount of time to secure union representation.
D. Once the investigation is concluded, the University will notify the Employee and the Union Representative in writing of any decision to discipline or discharge the Employee. The Board agrees to furnish written notification of University will not discharge, suspend or present a disciplinary action to an Employee over the bargaining unit member and telephone provided that the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension Employee agrees to return to work to meet with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrantsupervisor.
E. All When the University intends to order an Employee to leave work for disciplinary action taken against a bargaining unit member reasons, the Employee's union representative shall be in privatenotified by the University and be afforded the opportunity to consult with the Employee for a reasonable period of time before the Employee leaves the premises. Unless If, however, the bargaining unit member is to be removed from the premises for the balance immediate removal of the work period as a result Employee from University premises is necessary to prevent injury to the Employee or others or disruption of the disciplinary action takenworkplace, such opportunity need not be afforded. In such a case, the imposition University shall notify the Union of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional payincident.
F. Notwithstanding Section A bargaining unit member of this Article, the Medical Staff Bylaws, Rules and Regulations, and related Medical Staff policies and procedures currently in effect or hereinafter adopted, all as approved and overseen by the University of Michigan Health System Board as the governing body, shall have the rightbe observed by all Bargaining Unit Employees. In addition, upon requestpolicies, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative procedures and Standard Practice Guides of the Association may accompany the bargaining unit member at the time University and University of said reviewMichigan Hospitals (UMH) currently in effect or hereinafter adopted shall be observed by all Bargaining Unit Employees.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. A bargaining unit member 15.1 Except for those covered employees who may be suspended with or without payterminated during their probationary period, or otherwise no covered employee shall be disciplined or discharged provided the Employer has except for just cause to do socause. The just cause standard provision shall not apply to the discharge separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a probationary employee. Such salary increment; disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of suspension without pay; demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay ; and discharge. It is understood Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing, and shall specifically cite the act or omission that certain steps 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 presence the employee.
15.3 All disciplinary sequence documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to which the employee may be omitted when the nature and severity of the offense so warrantentitled.
E. All disciplinary action taken against 15.4 As set forth in Article 4.5.7, a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the covered employee shall be entitled to additional payAssociation representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting 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 principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full-time and part-time covered employees.
F. 15.5 A bargaining unit member covered employee who is the subject of a disciplinary investigation shall have be notified in writing within seven (7) calendar days of such investigation. Notification shall include the rightallegation of wrongdoing that requires investigation, upon requestthe identity of the party or parties to perform the investigation, and the anticipated date of completion of the investigation. All investigations shall be completed within sixty (60) calendar days, unless exceptional circumstances justify an extension of time for completion of the investigation. Notice of an extension shall be in writing by the President or Chancellor, as applicable, to review the contents employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall be informed in writing when the investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a confidential manner. During any investigation the employee shall retain his/her personnel file current position, status, schedule, assignment and rate of pay, except as provided in Article 15.6, below or as otherwise determined based on the presence of an administrator. At circumstances surrounding the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said reviewmatter under investigation.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with Section 13.1 The City reserves the right to discipline or without pay, discharge any non-probationary Employee for just cause. Any such discipline or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateor Appeals Procedures as applicable. In cases the administration of demotionthis Article, the bargaining unit member all discipline shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normallyreasonably expedient, progressive correction shall include an oral warningin nature, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in based upon the disciplinary sequence may be omitted when the nature and severity circumstances of the offense so warrantand 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.
E. All Section 13.2 The City and Union agree employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action takenhim or her, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have Employee has the right, upon request, to have a union representative present. Management is not required to inform the employee of his/her witness rights; it is the employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the employee.
Section 13.4 For minor offenses by an employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the employee. If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner, Employee counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, 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. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 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 fifteen (15) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial certified hearing officer from outside the department designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided with 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 place an employee on paid administrative leave until investigation of the incident is completed. When an employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the employee has been involved with a possible criminal offense, the Personnel Director or their designee must approve the employee being placed on either administrative leave unpaid or leave without pay.
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 the and copy contents of his/her Human Resources personnel file in under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the presence contents of an administratorEmployee’s Human Resources personnel file with dated, written authorization from such Employee. At The written authorization shall include a statement that the bargaining unit member's optionEmployee releases the Employer from all liability regarding the disclosure of these records, and that 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 representative suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Association 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 accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member 15.1 Except for those covered employees who may be suspended with or without payterminated during their probationary period, or otherwise no covered employee shall be disciplined or discharged provided the Employer has except for just cause to do socause. The just cause standard provision shall not apply to the discharge separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
15.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a probationary employee. Such salary increment; disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of suspension without pay; demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay ; and discharge. It is understood Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing, and shall specifically cite the act or omission that certain steps 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 presence the employee.
15.3 All disciplinary sequence documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to which the employee may be omitted when the nature and severity of the offense so warrantentitled.
E. All disciplinary action taken against 15.4 As set forth in Article 4.5.7, a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the covered employee shall be entitled to additional payAssociation representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting 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 principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full- time and part- time covered employees.
F. 15.5 A bargaining unit member covered employee who is the subject of a disciplinary investigation shall have be notified in writing within seven (7) calendar days of such investigation. Notification shall include the rightallegation of wrongdoing that requires investigation, upon requestthe identity of the party or parties to perform the investigation, and the anticipated date of completion of the investigation. All investigations shall be completed within sixty (60) calendar days, unless exceptional circumstances justify an extension of time for completion of the investigation. Notice of an extension shall be in writing by the President or Chancellor, as applicable, to review the contents employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall be informed in writing when the investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a confidential manner. During any investigation the employee shall retain his/her personnel file current position, status, schedule, assignment and rate of pay, except as provided in Article 15.6, below or as otherwise determined based on the presence of an administrator. At circumstances surrounding the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said reviewmatter under investigation.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with
14.01 The Employer shall not discipline, suspend or discharge an employee without payjust cause. In any grievance over disciplinary action, or otherwise disciplined or discharged provided the Employer has burden of proof of just cause lies within the Employer.
14.02 The Employer and Employee agree that all correspondence and meetings relating to do so. discipline procedures shall be kept strictly confidential to the parties directly involved in the investigation and processing of the complaint.
14.03 The just cause standard 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 apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless impose any discipline until the employee is a probationary employeehas 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 disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is discipline or discharge an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled notified at a meeting with the Personnel Committee of the reason(s) for such action and of their right to additional payUnion representation. If the employee so wishes, s/he shall be accompanied by a Union representative. Such a meeting shall be held as soon as possible after the Employer requests such a meeting.
F. A bargaining unit member 14.05 An employee shall have the right, upon request, to review the contents of his/her personnel file be notified in the presence of an administrator. At the bargaining unit member's option, a representative writing of the Association may accompany the bargaining unit member grounds for any discipline at the time of said reviewthe discipline. The Union shall be notified in writing at the same time. In grievance procedure (including arbitration) pertaining to any discipline, the Employer shall be limited to the grounds as originally notified under this Article.
G. Bargaining unit members 14.06 Where an employee acts in a 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 the Employer to conform with the provisions of this Article shall sign 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 receipt employee and the Union with a copy of disciplinary documents 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 (reprimands20) days pending investigation of the alleged act. Within that 20-day period the Employer shall conduct a diligent investigation. If, suspensions and/or warnings)on the basis of that investigation, it being understood the Employer reasonably concludes that there is clear and compelling evidence that the signature only implies receiptemployee has committed such an act, the Employer may immediately suspend the employee without pay. The bargaining unit member may have his/her written statements submitted within ten This suspension shall become dismissal if no grievance is filed in accordance with Article 11 (10) work daysGrievance Procedure). Should a grievance be filed, attached to this suspension shall be resolved through the procedure specified in Article 11.06 (personnel) file copy of such documentationGrievance Procedure).
H. 14.10 The Employer will continue its practice with respect to record of any disciplinary action in connection with certain misconduct. Same is set forth in and any matters forming the basis of or raised during such a Letter of Agreement dated November 29, 1990 which is attached disciplinary action shall not be referred to and incorporated into this Agreement.or used against an employee at any time after eighteen
Appears in 1 contract
Samples: Collective Agreement
Discipline. A. A bargaining unit member may be suspended with or without payThe proceedings for written reprimands, or otherwise disciplined or discharged provided suspensions, demotions and involuntary terminations of this Article shall consider the Employer has just cause 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 do soinclude an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The just cause standard shall not apply 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 discharge of a probationary employee. Such disciplinary action shall be subject based on the reasonableness of the discipline imposed by the supervisor in response to the Grievance Procedure unless actions taken or not taken by the employee is a probationary employee. Prior to All written reprimands, suspensions, demotions and involuntary termination appeals of employees covered by this Agreement shall be handled solely in accordance with the imposition procedure set forth in this Article and CCFD Rules and Regulations, with the decision of any disciplinary actionthe internal panel or Arbitrator being final and binding on the parties.
A. No employee who has satisfactorily completed probation may be given an oral reprimand, the employer will advise the bargaining unit member 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 his/her right to have association representative presentsick leave or authorized leaves, and violation of established departmental work rules or procedures.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member Supervisors and/or Fire Department management shall be entitled 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 the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period discipline as a result of a meeting with the disciplinary action takensupervisor and/or Fire Department management, they may request to have a union representative present. The 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 imposition of discipline will be scheduled during employee to the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hoursHuman Resources Director, the employee shall have the right to review items in their personnel file and provide rebuttal comments to be entitled attached to additional payoriginal documents where the employee believes appropriate. Such rebuttal comments must be restricted to the document in question.
D. Upon written request or authorization by an employee involved in a disciplinary hearing, the employee's attorney or union representative may obtain data that are necessary from the personnel file of the employee, subject to the discipline, in preparation for the Step 1 hearing or Step 2 arbitration.
E. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. However, during any termination notification process for a new hire employee, a union representative shall be present as a witness.
F. A bargaining unit member shall have the rightWhenever an incident takes place that may result in disciplinary action, upon request(other than a written reprimand which is subject to appeal as identified in section H, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's optionwritten reprimands) which may include a suspension, demotion or termination, a representative Joint Investigative Team (JIT) comprised of Fire Department management employee(s) and an officer(s) of the Association may accompany Union shall convene to investigate the bargaining unit member at incident. During their investigation, the time team shall interview all parties involved, and analyze the facts of said reviewthe incident. When an employee is investigated, they shall be provided with a Union representative, and advised of the purpose, time, date, and site of the interview by the respective management. Upon the conclusion of this process, which must be completed within thirty (30) calendar 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. Bargaining unit members A full time permanent employee who receives an oral reprimand, written reprimand or is recommended for suspension, demotion or termination from County service shall sign 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 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 that the employee has received; 4) Mandatory corrective measures if applicable. The EIS shall provide the opportunity for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her employee to respond with written statements submitted within ten (10) work days, attached rebuttal to the (personnel) file copy of such documentationcharges.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. Discipline shall be for proper cause and shall be administered as follows: Reprimands shall be administered by the supervising xxxx or Campus President and shall be for the purpose of stimulating corrective action on the part of the faculty member and preventing improper action in the future. Depending on the seriousness of the offense, reprimands may take the form of a verbal or written reprimand. If a written reprimand is administered, a copy shall be provided to the faculty member and a copy shall be submitted to the Human Resources records department for inclusion in the faculty member’s personnel file. A bargaining unit faculty member may be suspended with or without pay, or otherwise disciplined or discharged provided pay based upon a recommendation by the Employer has just cause Campus President to do sothe College President. The just cause standard College President shall not apply provide notice of the suspension to the discharge District Board of a probationary employeeTrustees and the faculty member shall be given the opportunity to present his or her version of the controversy at the next regularly scheduled meeting of the DBOT. Such disciplinary action shall Discipline that results in suspension without pay may be subject to arbitration provided that the Grievance Procedure unless non-renewal of annual contract or the employee awarding of continuing contract is not subject to arbitration. Dismissal of a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit faculty member shall be entitled to receive by recommendation of the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action College President to the bargaining unit District Board of Trustees, provided that no such faculty member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is dismissed without an opportunity to be removed from heard at a public hearing and provided further, that the premises for the balance charges must be based on misconduct in office, gross insubordination, willful neglect of the work period as a result duty, or conviction of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possibleany crime involving moral turpitude. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit faculty member shall have the right, upon request, right to review have his or her union representative attend any meeting with a supervisor where disciplinary action may be taken. It is the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative responsibility of the Association may accompany faculty member to notify the bargaining unit union representative. Pursuant to the provisions of Rule 6A-14.0411, FAC, when the College President recommends dismissal of a faculty member at under continuing contract or returns a continuing contract faculty member to an annual contract, the time College President shall notify the faculty member in writing of said review.
G. Bargaining unit members shall sign for the recommendation. Within 21 days of receipt of disciplinary documents the President’s notice, the faculty member must file a petition with the DBOT if he or she elects one of the following: (reprimands, suspensions and/or warnings), it being understood that 1) public hearing consistent with the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten policies and procedures of the College; (102) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is an administrative hearing as set forth in a Letter State Board of Agreement dated November 29Education Rule 6A-14.0411, 1990 which is attached FAC; or (3) the parties can mutually agree to and incorporated into this Agreementan independent hearing procedure or other alternative dispute resolution process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member 16.1 Except for those covered employees who may be suspended with or without payterminated during their probationary period, or otherwise no covered employee shall be disciplined or discharged provided the Employer has except for just cause to do socause. The just cause standard provision shall not apply to the discharge separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
16.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a probationary employee. Such salary increment; disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of suspension without pay; demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay ; and discharge. It is understood Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing, and shall specifically cite the act or omission that certain steps 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 presence the employee.
16.3 All disciplinary sequence documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to which the employee may be omitted when the nature and severity of the offense so warrantentitled.
E. All disciplinary action taken against 16.4 As set forth in Article 4.5.7, a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the covered employee shall be entitled to additional payAssociation representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting 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 principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full-time and part-time covered employees.
F. 16.5 A bargaining unit member covered employee who is the subject of a disciplinary investigation shall have be notified in writing within seven (7) calendar days of such investigation. Notification shall include the rightallegation of wrongdoing that requires investigation, upon requestthe identity of the party or parties to perform the investigation, and the anticipated date of completion of the investigation. All investigations shall be completed within sixty (60) calendar days, unless exceptional circumstances justify an extension of time for completion of the investigation. Notice of an extension shall be in writing by the President or Chancellor, as applicable, to review the contents employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall be informed in writing when the investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a confidential manner. During any investigation the employee shall retain his/her personnel file current position, status, schedule, assignment and rate of pay, except as provided in Article 16.6, below or as otherwise determined based on the presence of an administrator. At circumstances surrounding the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said reviewmatter under investigation.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member Employees who are to be or may be suspended disciplined are entitled to Union Representation exclusively in any disciplinary proceedings consistent with or without pay, or otherwise disciplined or discharged provided the Employer has just cause to do soCook County Disciplinary Action Policy and Procedure. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member Union and the Association President.
D. NormallyCounty agree that discipline should be timely, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and dischargeaccompanied by counseling. It is understood that certain steps all disciplines below suspension shall be discarded after one (1) calendar year if the employee has not received additional discipline for the same or similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the disciplinary sequence date the suspension was issued, provided the employee has not received discipline for the same or similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be omitted when considered in determining future disciplinary actions regardless of how long ago the nature 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 severity 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 offense so warrant.
E. All provisions of this Section. If the County has reason to discipline an employee, it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action taken against a bargaining unit member promptly. Generally, the pre- disciplinary hearing shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance convened within thirty (30) days of the work period as time the alleged infraction occurred or became known to the Department. This time frame shall not be strictly applied and may be extended if the Employee or the Employee’s representative is granted a result delay of the pre- disciplinary action takenhearing 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 imposition Union’s representative or designee does not respond to scheduling of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hourssuch hearing, the employee may be disciplined accordingly. The County shall be entitled make every reasonable effort to additional pay.
F. A bargaining unit member shall have assign a manager from a different department than the rightdepartment 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, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative Section 4.13 of the Association may accompany Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of the bargaining unit member at the time of said reviewStroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are promoted or laterally transferred.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with or The Employer shall not discipline, suspend without pay, or otherwise disciplined or discharged provided the Employer has discharge except for just cause to do socause. The just cause standard shall not apply to the discharge In any grievance of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise burden of proof of just cause lies with the bargaining unit member 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 his/her the situation and the expected duration thereof as soon as reasonably possible. The Employer, however, reserves the right to discipline an Employee for just cause for failure to perform her duties for reasons other than arrest and/or incarceration or for activities which may have association representative present.
B. Demotion is an involuntary transfer been related to a position carrying a lower hourly rate. In cases of demotion, or coincident with the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and dischargearrest and/or incarceration. It is understood that certain steps the Employer is not required to pay salary for work not performedduring periods of incarceration outside of the periods provided for in Article The Employer accepts the concept of progressive discipline and agrees to impose discipline only in accordance with the provisions of this Article. It is understood that discipline shall not include suspension with pay. The fact and substance of disciplinary investigations shall be treated as confidential by the Employer. Notification of Employee of the Possible Imposition of Discipline When the Employer has grounds for discipline, the Employer shall forward a letter of allegation to the Employee within ten working days and shall notify the Employee in writing of the time and place of a meeting to discuss the matter, and shall advise the Employee of her right to Union representation. The date for the meeting as specified in the disciplinary sequence may letter shall be omitted when no later than ten working days from the nature and severity date of the offense so warrant.
E. All disciplinary action taken letter. Any unsolicited complaint against a bargaining unit member 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 privateAfter 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. Unless The date for the bargaining unit member 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 amended or removed from the premises for Employee’s Personal File. If the balance matter is not resolved to the satisfaction of the parties involved, the Employer may proceed to impose discipline. Imposition of Discipline When the Employer decides to impose discipline, the Employee and the Union shall be notified in writing of the nature of the discipline to be imposed and of the reasons for its imposition prior to the discipline taking effect. The Patties agree that the first discipline imposed may take the form of a letter of reprimand. The Parties agree that the Employer may proceed directly to more severe forms of discipline for very serious actions. The Employer may suspend an Employee with full pay and benefits during its consideration and investigation of serious actions allegedly committed by the Employee. It is understood that such a suspension shall not be a form of discipline, shall not be and shall not affect any right the Employee may have to be considered for other positions. Upon the Employee’s return to work period 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 disciplinary action taken, the imposition of discipline will be scheduled Employee not performing certain duties during the bargaining unit member's regularly scheduled hours of work, if possiblesuspension period. It No grievance filed while the disciplinary process is understood that if unfolding may prevent the imposition of disciplinary action is process from continuing to take place after the normal working hours, the employee its end. A grievance against a disciplinary measure shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative filed at Step Three of the Association may accompany Grievance Procedure subject to Article Any discipline or warning shall not be used against any Employee after a period of twelve (12) months of employment from the bargaining unit member at date of the time discipline and the pertinent documents shall be removed from the Employee’s Personal File after this time, unless the discipline pertains to a very serious action or unless discipline for similar conduct has been recorded within twelve (12) months of said review.
G. Bargaining unit members shall sign for employment from the receipt date of the discipline. No Employee in a supervisory capacity will invoke the disciplinary documents (reprimands, suspensions and/or warnings), it being understood that provisions of the signature only implies receiptCollective Agreement on any other Employee. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth Employee in a Letter of Agreement dated November 29, 1990 supervisory capacity shall refer all complaints in which is attached discipline may be indicated to her immediate Supervisor. No Employee in a supervisory capacity shall be required to attend the meeting as per and incorporated into this Agreementthere shall be no recriminations in any form whatsoever when an Employee in a supervisory capacity chooses to exercise her right not to attend such a meeting.
Appears in 1 contract
Samples: Collective Agreement
Discipline. A. Discipline shall be for proper cause and shall be administered as follows: • Reprimands shall be administered by the supervising xxxx or Campus President and shall be for the purpose of stimulating corrective action on the part of the faculty member and preventing improper action in the future. Depending on the seriousness of the offense, reprimands may take the form of a verbal or written reprimand. If a written reprimand is administered, a copy shall be provided to the faculty member and a copy shall be submitted to the Human Resources records department for inclusion in the faculty member’s personnel file. • A bargaining unit faculty member may be suspended with or without pay, or otherwise disciplined or discharged provided pay based upon a recommendation by the Employer has just cause Campus President to do sothe College President. The just cause standard College President shall not apply provide notice of the suspension to the discharge District Board of a probationary employeeTrustees and the faculty member shall be given the opportunity to present his or her version of the controversy at the next regularly scheduled meeting of the DBOT. Such disciplinary action shall Discipline that results in suspension without pay may be subject to arbitration provided that the Grievance Procedure unless non-renewal of annual contract or the employee awarding of continuing contract is not subject to arbitration. • Dismissal of a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit faculty member shall be entitled to receive by recommendation of the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action College President to the bargaining unit District Board of Trustees, provided that no such faculty member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is dismissed without an opportunity to be removed from heard at a public hearing and provided further, that the premises for the balance charges must be based on immorality, misconduct in office, incompetence, gross insubordination, willful neglect of the work period as a result duty, drunkenness, or conviction of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possibleany crime involving moral turpitude. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. • A bargaining unit faculty member shall have the right, upon request, right to review have his or her union representative attend any meeting with a supervisor where disciplinary action may be taken. It is the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative responsibility of the Association may accompany faculty member to notify the bargaining unit union representative. • Pursuant to the provisions of Rule 6A-14.0411, FAC, when the College President recommends dismissal of a faculty member at under continuing contract or returns a continuing contract faculty member to an annual contract, the time College President shall notify the faculty member in writing of said review.
G. Bargaining unit members shall sign for the recommendation. Within 21 days of receipt of disciplinary documents the President’s notice, the faculty member must file a petition with the DBOT if he or she elects one of the following: (reprimands, suspensions and/or warnings), it being understood that 1) public hearing consistent with the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten policies and procedures of the College; (102) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is an administrative hearing as set forth in a Letter State Board of Agreement dated November 29Education Rule 6A-14.0411, 1990 which is attached FAC; or (3) the parties can mutually agree to and incorporated into this Agreementan independent hearing procedure or other alternative dispute resolution process.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. The Board agrees with the 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 an employee.
A. A When an employee is required to attend a meeting with his or her supervisor, and the employee believes the meeting may result in disciplinary action to him or her, that employee may have a Union representative present at such meeting (only one employee representative will be released if the 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 designated representative(s) in that building are absent or unavailable, the 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 may be suspended with or without payduring the representative’s regular work day, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action that representative shall be subject released from his/her District responsibilities without loss of pay.
C. Whenever an employee is called to a meeting to be disciplined, the Grievance Procedure unless Board or its designee shall notify the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association a Union representative present.
B. Demotion is an involuntary transfer present prior to a position carrying a lower hourly ratethe administration of said discipline. In cases of demotion, the bargaining unit member It shall be entitled the responsibility of the employee to receive the written reasons for same within ten (10) working days of be disciplined to secure his/her written or verbal request.
C. The Board agrees to furnish written notification of representative, provided this does not unreasonably delay the disciplinary action to the bargaining unit member and the Association Presidentmeeting.
D. NormallyAny and all official documents placed in an employee’s personnel file as part of a disciplinary procedure will be provided to the employee and the employee’s representative (if any), progressive correction shall include at the time discipline is administered or as soon thereafter as is reasonably possible. If an oral warningemployee has received only one verbal reprimand during the previous rolling twelve (12) month period, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to verbal reprimand will be removed from the premises for employee’s file at the balance end of the work period as a twelfth month, upon the employee’s request, provided there has been no additional employee discipline. Upon the employee’s written request, letters of reprimand will be 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 disciplinary action takeninvestigatory interview will be copied to the Unit Chairperson. Bargaining Unit employees retain the right to decline Union representation in such interviews, and if such representation is declined, the imposition of discipline Union’s representative will not be scheduled present during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional payinterview.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member Employees who are to be or may be suspended disciplined are entitled to Union Representation exclusively in any disciplinary proceedings consistent with or without pay, or otherwise disciplined or discharged provided the Employer has just cause to do soCook County Disciplinary Action Policy and Procedure. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member Union and the Association President.
D. NormallyCounty agree that discipline should be timely, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and dischargeaccompanied by counseling. It is understood that certain steps all disciplines below suspension shall be discarded after one (1) calendar year if the employee has not received additional discipline for the same or similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the disciplinary sequence date the suspension was issued, provided the employee has not received discipline for the same or similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be omitted when considered in determining future disciplinary actions regardless of how long ago the nature 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 severity 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 offense so warrant.
E. All provisions of this Section. If the County has reason to discipline an employee it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action taken against a bargaining unit member promptly. Generally, the pre-disciplinary hearing shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance convened within thirty (30) days of the work period as time the alleged infraction occurred or became known to the Department. This time frame shall not be strictly applied and may be extended if the Employee or the Employee’s representative is granted a result delay of the pre-disciplinary action takenhearing 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 imposition Union’s representative or designee does not respond to scheduling of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hourssuch hearing, the employee may be disciplined accordingly. The County shall be entitled make every reasonable effort to additional pay.
F. A bargaining unit member shall have assign a manager from a different department than the rightdepartment 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, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative Section 4.13 of the Association may accompany Healthcare Professionals, Technicians, Technologist, Oak Forest Hospital and Article XIV, Section 14.1 of the bargaining unit member at the time of said reviewStroger/Xxxxxx Agreements shall xxx.xx used to determine whether or not they are promoted orlaterally transferred.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit NOTE: This section replaces entirely Section 2.9 E and F of the Faculty Handbook
17.1. The University agrees that no Bargaining Unit Member shall be suspended without pay or discharged without just cause. Discharge shall be defined as the termination of a tenured faculty member or the termination of a faculty member’s appointment prior to the expiration of that appointment. However, termination of tenured faculty for financial, programmatic or other administrative considerations shall not be covered by the just cause provisions of this Article, but instead are addressed in Article 19, Retrenchment.
17.2. Discipline may include written warnings which will not be issued arbitrarily or capriciously. The Bargaining Unit Member will receive a copy of any written warning and such warning will be placed in the Bargaining Unit Member’s 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 suspended with placed on paid administrative leave to permit the University to investigate potential or without payalleged misconduct that may lead to discipline. However, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard being placed on such administrative leave shall not apply itself be deemed discipline.
17.5. In cases where the administration is conducting an investigatory interview that the Bargaining Unit Member reasonably believes may lead to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary actiondiscipline, the employer will advise Bargaining Unit Member shall have the bargaining unit member of his/her right to have association an Association representative presentpresent at the meeting. The administration shall provide a reasonable notice of such meetings and the allegations to be discussed at the meeting.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate17.6. In cases of demotionWhere appropriate, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification University may also require as part of disciplinary action to the bargaining unit member and the Association President.
D. Normallyrestitution, progressive correction shall include an oral warning, a written reprimand, suspension with appropriate training or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receiptcounseling or other remedial action. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached University reserves all rights to the (personnel) file copy itself and/or third parties to initiate civil actions or criminal prosecutions for conduct or misconduct that is believed to constitute a violation of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconductlaw. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.Article 18: Intellectual Property Policy
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with or without pay, or otherwise disciplined or discharged provided For the Employer has just cause to do so. The just cause standard shall not apply to purpose of this article Supervisor in the discharge case of a probationary employeeschool shall mean the Principal. Such disciplinary action shall District School Board will administer discipline in a manner consistent with the concept of progressive discipline. Discipline will be subject employed to correct improper conduct or poor work performance. An opportunity will be provided for the Grievance Procedure unless disciplined employee to correct the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateinappropriate behaviour identified. In cases of demotionsevere misconduct, the bargaining unit member 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 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 employee who has completed the probationary period, give them a reasonable time to improve, offer the employee training opportunities and provide suitable counseling. If the individual continues performing inadequately and has had a reasonable amount of time to improve, the Board may discipline and ultimately dismiss an employee for just cause. An employee shall have the right to have a Union representativepresent at disciplinary meetings with the Board. The Board will notify the employee in advance of a meeting and the employee's right to have Union representation at the meeting. The Union has the right to have a representative of The Canadian Office and Professional Employees Union present at all disciplinary meetings. When an employee has been dismissed, the employee shall 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 discharge shall be entitled treated as a grievance and handled in accordance with Article commencing at The term "employee" under this section shall refer only to receive employees who have completed their probationary periods. The Board will verbally notify the written reasons for same Union of any letter of discipline, suspension, or discharge sent to a Union member. The Union will be notified within ten five (105) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit memberemployee's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time receipt of said reviewletter.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with or without paya. The proceedings for written reprimands, or otherwise disciplined or discharged provided suspensions, demotions and involuntary terminations of this Article shall consider the Employer has just cause 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 do soinclude an employees’ oral reprimand, written reprimand, and thereafter more severe disciplinary action. The just cause standard shall not apply 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 discharge of a probationary employee. Such 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.
b. 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.
c. 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.
d. 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 then an oral reprimand will result from any meeting between an employee and his/her supervisor and/or Fire Department management. Any time an employee believes he/she is going to receive discipline as a result of a meeting with his supervisor / and/or Fire Department management, he/she may request to have a union representative present. The meeting shall be postponed for a time period not to exceed twenty-four (24) hours until such time a union representative is available.
e. Upon written request of the employee to the Deputy Director of Human Resources, the employee shall have the right to review items in his/her 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.
f. Upon written request or authorization by an employee involved in a disciplinary hearing, the employee's attorney or union representative may obtain data that are necessary from the personnel file of the employee, subject to the Grievance Procedure unless discipline, in preparation for the employee is Step 1 hearing or Step 2 arbitration.
g. New hire employees during their probationary period are not covered under the contract disciplinary procedure for disciplinary issues. However, during any termination notification process for a probationary new hire employee. Prior to the imposition of any , a union representative shall be present as a witness.
h. Whenever an incident takes place that may result in disciplinary action, which may include a written reprimand, suspension, demotion or termination, a Joint Investigative Team (JIT) comprised of a Fire Department management employee(s) and an officer(s) of the employer will advise Union. Xxxxx convene to investigate the bargaining unit member incident. During their investigation, the team shall interview all parties involved, and analyze the facts of the incident. When an employee is investigated, he/she shall be provided with a Union representative, and advised of the purpose, time, date, and site of the interview. Upon the conclusion of this process, which must be completed within thirty (30) calendar days, the team shall present its finding(s) to the Fire Chief for his/her decision. An incident already reviewed by the Incident Information Advisory Team (IIAT) as outlined in Rule and Regulation 2.10, 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 his/her right to have association representative presentUnion representation during the IIAT investigation.
B. Demotion i. 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 involuntary transfer 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 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 that the employee has received; 4) Mandatory corrective measures if applicable. The EIS shall provide the opportunity for the employee to respond with written rebuttal to the charges. Written reprimands are not subject to the full appeals process provided for suspensions, demotions, or terminations. An employee may choose to have his/her written reprimand reviewed at a position carrying a lower hourly ratehearing conducted by an internal panel in accordance with CCFD Rules and Regulations. In cases of demotionAt such time, the bargaining unit member 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 entitled to receive composed of two (2) employees, one selected by the written reasons for same employee, the other by the Fire Chief, shall meet within ten (10) working days of his/her written or verbal receiving the request.
C. . The Board agrees to furnish written notification of disciplinary action to employee requesting the bargaining unit member and the Association President.
D. Normally, progressive correction panel’s review shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity given at least three (3) working days notice of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises time and place for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possiblehearing. It is understood that The panel shall determine if the imposition of disciplinary action written reprimand is to take place after the normal working hoursappropriate, the employee shall and whether it should be entitled to additional pay.
F. A bargaining unit member shall have the rightupheld, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receiptoverturned or modified. The bargaining unit member may have his/her written statements submitted decision must be rendered within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.two
Appears in 1 contract
Samples: Supervisory Unit Agreement
Discipline. A. A bargaining unit member may be suspended with
14.01 The Employer shall not discipline, suspend or discharge an employee without payjust cause. In any grievance over disciplinary action, or otherwise disciplined or discharged provided the Employer has burden of proof of just cause lies within the Employer.
14.02 The Employer and Employee agree that all correspondence and meetings relating to do so. discipline procedures shall be kept strictly confidential to the parties directly involved in the investigation and processing of the complaint.
14.03 The just cause standard 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 apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless impose any discipline until the employee is a probationary employeehas 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 an employee shall be notified at a meeting with the Personnel Committee of the reason(s) for such action and of their right to Union representation. If the employee so wishes, s/he shall be accompanied by a Union representative. Such a meeting shall be held as soon as possible after the Employer requests such a meeting.
14.05 An employee shall be notified in writing of the grounds for any discipline at the time of the discipline. The Union shall be notified in writing at the same time. In grievance procedure (including arbitration) pertaining to any discipline, the Employer shall be limited to the grounds as originally notified under this Article.
14.06 Where an employee acts in a 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 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 (20) 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 referred 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 employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed information from the premises for the balance of the work period earlier discipline is admissible as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional payevidence in an arbitration hearing.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Agreement
Discipline. A. A bargaining unit member may be suspended with Section 13.1 The City reserves the right to discipline or without pay, discharge any non-probationary Employee for just cause. Any such discipline or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateor Appeals Procedures as applicable. In cases the administration of demotionthis Article, the bargaining unit member all discipline shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normallyreasonably expedient, progressive correction shall include an oral warningin nature, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in based upon the disciplinary sequence may be omitted when the nature and severity circumstances of the offense so warrantand 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.
E. All Section 13.2 The City and Union agree employees shall be treated as consistently as possible as concerns the application of discipline and/or other actions regarding work rules as found within Appendix B, Work Rules for Personal Conduct. This shall not preclude the rights of individual departments and managers to set forth specific rules or manners of operating their work areas which are related to the provision of specific services and the mission of their work sections.
Section 13.3 If it is necessary to interview an employee to discover information as part of an investigation, and the Employee has a reasonable belief that the interview may result in disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action takenhim or her, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have Employee has the right, upon request, to have a union representative present. Management is not required to inform the employee of his/her witness rights; it is the employee’s responsibility to know and request Union representation. The Union representative shall be told the purpose of the meeting and be given reasonable time to confer with the employee before the meeting. Employees have the right to not participate in such a meeting if management denies union representation and continues to question the employee.
Section 13.4 For minor offenses by an employee, management has a responsibility to discuss such matter with the employee. Counseling of this type shall be held in private between the employee and the supervisor. Counseling is not considered discipline and is not subject to the Grievance Procedure. A written Employee Counseling Record may be completed to document such counseling with a copy provided to the employee. If the employee disagrees with the written Employee Counseling Record, the employee may provide a written response, which shall be retained with the written Employee Counseling Record. It is understood informal counseling sessions occur from time to time which may not be documented in any manner, Employee counseling Records shall not be placed in the employee’s official Human Resources Department file. However, should an Employee grieve or appeal any employment action in the future, counseling records may be used as evidence in these grievance hearings or appeals.
Section 13.5 Management shall make a good faith effort to complete investigations into alleged offenses and to provide notification of hearing to Employees within thirty (30) calendar days from becoming aware of the alleged offense. A disciplinary action report should be offered to the employee within seven (7) calendar days of completion of a final pre-action or pre-termination hearing resulting in discipline or termination. Upon Management providing written notice of a delay in the process stated above, Management will be given additional time. The written notice shall provide the Employee with an estimated date when the process shall be completed.
Section 13.6 Employees shall be given the opportunity to have a Union Xxxxxxx or representative, chosen by the employee, present in any disciplinary hearing. Employees shall be notified in writing of any pre-action hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, and 5) the right to have a Union Xxxxxxx or representative at the hearing, 6) the name of the hearing officer.
Section 13.7 Notice of a pre-action hearing means that the Employee is being considered for discipline involving a written reprimand, 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. In cases involving written reprimand, the Employee may waive the right to a hearing by initialing a waiver of hearing notation on the disciplinary action form.
Section 13.8 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 fifteen (15) minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial certified hearing officer from outside the department designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the employee and if appropriate, recommend corrective action to the employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 or Article 15 of this Agreement or under the administrative grievance procedure provided with 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 place an Employee on paid administrative leave until investigation of the incident is completed. When an Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall normally 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 the and copy contents of his/her Human Resources personnel file in under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the presence contents of an administratorEmployee’s Human Resources personnel file with dated, written authorization from such Employee. At The written authorization shall include a statement that the bargaining unit member's optionEmployee releases the Employer from all liability regarding the disclosure of these records, and that 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 representative suspension without pay for purposes of progressive discipline. An Employee who commits a non-absentee offense for which the Employee could be suspended without pay, may, at the sole discretion of the Association 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 accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.be imposed during any twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member may be suspended with Section 13.1 The City reserves the right to discipline or without pay, discharge any non-probationary Employee for cause. Any such discipline or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance or Appeals Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateas applicable. In cases the administration of demotionthis Article, the bargaining unit member discipline shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normallyreasonably expedient, progressive correction shall include an oral warningin nature, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in based upon the disciplinary sequence may be omitted when the nature and severity circumstances of the offense so warrantand 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.
E. All 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 taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action takenhim or her, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have Employee has the right, upon request, to review have a Union representative present. Management is not required to inform the contents Employee of his/her personnel file 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 presence 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 an administrator. At the bargaining unit member's option, a representative hearing to employees within thirty (30) calendar days from becoming aware of the Association may accompany alleged offense. A disciplinary action report should be offered to the bargaining unit member 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 hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, 5) the right to have an IT/IS Unit Xxxxxxx or representative at the time hearing, and 6) the name of said reviewthe hearing officer.
G. Bargaining unit members 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. ection 13.8 Discipline above the level of written reprimand shall sign 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 receipt subject discipline. Upon conclusion of a disciplinary documents (reprimandshearing, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within Xxxxxxx or representative shall be afforded the opportunity to meet privately with the hearing officer for no more than ten (10) work days, attached minutes prior to the hearing officer meeting with management representatives. Hearings shall be conducted by an impartial hearing officer designated by the Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (personnel) file copy of such documentationif any).
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member 00-0 Xxx-Xxxxxxxxxx Related Discipline The District is responsible for managing the 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 suspended 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 behavior of an employee is of a serious nature, discipline can start at any 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 otherwise disciplined or discharged provided the Employer has just cause to do soboth. The just cause standard An employee shall not apply to the discharge of a probationary employeebe advised in writing that termination may result if another such infraction occurs. Such disciplinary action Employee shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior disciplinary action up to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateand including termination. In cases case of demotionwillful and intentional violation of District policy, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days failing a drug and/or alcohol screening, or conviction of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hoursfelony, the employee shall be subject to immediate termination. All discipline, including termination, is subject to the grievance procedure. Employees who are involved in the disciplinary process will be advised they are entitled to additional payrepresentation and are encouraged to contact the Colorado Classified School Employees Association.
F. A bargaining unit member shall have 11-2 Attendance Discipline This section of discipline is to be used to address attendance related issues with the rightexception 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, upon requestArticle 11-2-1. An occurrence is an absence without prior leave approval, up to review three (3) consecutive days. If the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's optionleave is due to illness, a representative physician’s note may be requested after three (3) consecutive work days are missed. This does not constitute approval, only proof of the Association may accompany the bargaining unit member at the time off. Consecutive days of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents absence, due to illness, will be considered a single occurrence. After ninety (reprimands90) days without an occurrence an employee will start anew. 11-2-1 Occurrence Discipline Process Step 1 – Three (3) occurrences within a thirty (30) calendar day rolling period, suspensions and/or warnings)receive verbal warning; Step 2 – Two (2) or more additional occurrences within a rolling thirty (30) calendar day period and within a calendar year after Step 1, it being understood that the signature only implies receipt. The bargaining unit member may have his/her receive first written statements submitted reprimand; Step 3 – Two (2) or more additional occurrences within ten a rolling thirty (1030) work dayscalendar day period and within a calendar year after Step 2, attached to the receive second written reprimand; Step 4 – Two (personnel2) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in or more additional occurrences within a Letter of Agreement dated November 29rolling thirty (30) calendar day period and within a calendar year after Step 3, 1990 which is attached Discipline up to and incorporated into this Agreementincluding termination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit The employment of a faculty member may shall not be suspended with terminated except for just cause. The President or without pay, or otherwise disciplined or discharged provided his designate shall state in writing the Employer has facts believed to constitute just cause for the disciplinary dismissal of a faculty member. When this statement is prepared, a copy shall be given to do sothe faculty member and the Association Xxxxxxx and the faculty member shall be advised of right to seek the assistance of the Association. Other Disciplinary Action Other disciplinary action includes written censures and letters of reprimand. A faculty member shall be sent a copy of any such document (at the time of filing) placed on the faculty member's personnel file. The just cause standard shall not apply faculty member is to provide immediate written acknowledgment of receipt of the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly ratecopy. In cases of demotionresponse to any such documents placed in a faculty member's personnel file, the bargaining unit a faculty member shall be entitled to receive prepare a statement and include it in said file. Upon the written reasons for same within ten (10) working days of his/her written or verbal faculty member's request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction any such document shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for faculty member's personnel file after the balance 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.,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 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 both non-instructional and instructional faculty. Additional available work in the same department will be offered, on the basis of seniority, first to qualified regular faculty on lay-off who have recall rights under 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 period as is required on a result of continuous basis, appointments will be without breaks. LIMITATIONS ON USE OF NON-REGULAR POSITIONS In those instances where the disciplinary action takenongoing workload is sufficient, the imposition 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 discipline new programs) which can be filled by a single faculty member, a regular position will be scheduled during created. CONVERSION OF FACULTY (INSTRUCTIONAL AND INSTRUCTIONAL) TO REGULAR STATUS Nothing in Article prohibits the bargaining unit member's regularly scheduled hours Employer’s right to regularize any position as it deems necessary. COLLECTIVE AGREEMENT PAGE Regularization of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee Temporary Faculty Eligibility Requirements A temporary pro rata faculty member shall be entitled to additional pay.
F. A bargaining unit be converted to regular status where the temporary pro rata faculty member shall have 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 rightfall and spring semesters in each of those two consecutive academic years, upon request, provided: There is a reasonable expectation of ongoing employment for which the faculty member is deemed qualified pursuant to review below at a workload of not less than fifty percent (50%) of an annual full-time workload with work in each of the contents of his/her personnel file fall and spring semesters in the presence of an administrator. At the bargaining unit member's optionnext academic year; The evaluations, a representative if any, of the Association may accompany faculty member during the bargaining unit 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 at the time of said review.
G. Bargaining unit members shall sign qualified for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receiptwork available. The bargaining unit member academic year is deemed to commence August and may have his/her written statements submitted within ten (10) work daysinclude workload during the subsequent fall, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to spring and incorporated into this Agreement.special
Appears in 1 contract
Samples: Collective Agreement
Discipline. A. A bargaining unit member may be suspended with or without pay, or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, When a written reprimand, a suspension with or without pay and discharge. It is understood that certain steps a discharge of an employee in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member has occurred, the Corporation shall notify the Local President of the Alliance or their designate of such action. When an employee is required to attend a meeting, the purpose of which is to be removed from render a disciplinary decision, or to advise of, or conduct an investigation the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hoursemployee, the employee shall be is entitled to additional pay.
F. A bargaining unit member shall have the righthave, upon at their request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany Alliance attend the bargaining unit member meeting. The employee shall receive a minimum of two (2)day's notice of such a meeting and shall be advised of the right to have an representative attend the meeting. When an is suspended with or without pay or discharged, the Corporation must provide to the employee at the time of said review.
G. Bargaining unit members shall sign suspension or discharge the written reasons for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receiptsuch action. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached Corporation agrees not to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect introduce as evidence in a hearing relating to disciplinary action any document from the filé of an employee the content of which the employee was not aware of at the time of filing or within a reasonable time thereafter. An employee shall be made aware of and receive a copy of all written disciplinary reports and reprimands which have been on the employee's Any document or written statement related to disciplinary action, placed on the personal file of the 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 connection accordance with certain misconductArticle Upon request, an employee shall be provided with a current organization chart depicting the employee’s position’s place within the organization, a complete and current job description which shows their classification level and the duties and responsibilities for their position, the responses to the Job Evaluation questionnaire for position and the compensation attributed to the position. Same is set forth in a Letter If, during the term of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement, a new plan is adopted or the classification plan is modified such that new levels are introduced, ‘the Corporation shall negotiate the rates of pay and the affecting the pay of the employees on their movement to the new levels. All positions and all newly created positions in the bargaining unit shall be evaluated in accordance with the classification plan. Changes in Classification When the duties and responsibilities of an employee’s position have been substantially modified by the Corporation, on request of the employee, the Corporation shall reevaluate the position and shall give the employee the results in writing.
Appears in 1 contract
Samples: Collective Agreement
Discipline. A. A bargaining unit member may be suspended with Section 13.1 The City reserves the right to discipline or without pay, discharge any non-probationary Employee for cause. Any such discipline or otherwise disciplined or discharged provided the Employer has just cause to do so. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance or Appeals Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rateas applicable. In cases the administration of demotionthis Article, the bargaining unit member discipline shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normallyreasonably expedient, progressive correction shall include an oral warningin nature, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in based upon the disciplinary sequence may be omitted when the nature and severity circumstances of the offense so warrantand 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.
E. All 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 taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action takenhim or her, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have 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 hearing at least two (2) working days (or equivalent work hours) prior to a pre-action hearing and five (5) working days (or equivalent work hours) prior to a pre-termination hearing. The written notification of hearings shall include: 1) general information concerning the alleged offense(s), 2) the work rule(s) violated (if any), 3) the policy or procedure(s) violated (if any), 4) the time, date and place of hearing, 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 Human Resources Director or designee. Upon conclusion of the hearing and the recommendation of the hearing officer, the Department Head shall make the final determination of discipline (if any).
Section 13.9 Discipline shall include: written reprimands, suspensions without pay, demotions, and discharges. Employees disciplined shall be given a copy of such discipline at the time such action is taken. This document shall include the specific reasons for such discipline such as, approximate time and location, specific work rule or regulation violated, action of the Employee and if appropriate, recommend corrective action to the Employee. A non-probationary Employee shall have the right to appeal or grieve such discipline as provided under Article 14 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. In cases where the Employee is on paid administrative leave, the Department shall have sole authority to determine the length of paid administrative leave due to investigation process considerations and/or upon receipt of an extension request from the Union. If the Employee has been involved with a possible criminal offense, the Employee shall be placed on either authorized personal leave or leave without pay and the timeframes for investigation and the pay status determination shall be solely at management’s discretion.
Section 13.11 It is understood that previous disciplinary issues shall be considered part of the progressive disciplinary process regardless of similarity. However, disciplinary actions shall normally be considered in future disciplinary reviews for a maximum of only two (2) years, except in cases involving unusually serious offenses including but not limited to allegations of discrimination or sexual harassment, or harassment based on other protected characteristics. Any documentation relating to a specific disciplinary action overturned through either the grievance or appeal procedure shall be removed from the Employee’s Human Resources Department file and the Employee’s official personnel file within his/her department.
Section 13.12 Employees shall be allowed to review the and copy contents of his/her Human Resources personnel file in under appropriate supervision and with reasonable advance notice. Stewards or other Union representatives shall also be allowed to review and copy the presence contents of an administratorEmployee’s Human Resources personnel file with dated, written authorization from such Employee. At The written authorization shall include a statement that the bargaining unit member's optionEmployee releases the Employer from all liability regarding the disclosure of these records. The Union agrees to defend, a representative 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 Association 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 accompany the bargaining unit member at the time be imposed during any twelve (12) month period. Vacation Leave accrual reduction shall be limited to a maximum of said reviewfive (5) days and shall not be grievable.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member SECTION 1 The right to discipline belongs to and remains with the Authority. Employees covered by this Agreement shall have the right to be heard in accordance with the grievance procedure.
SECTION 2 Charges against an employee will be called to the employee’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. An employee may be suspended with or without pay, or otherwise disciplined or discharged provided the Employer has just cause to do sopay during an investigation. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall Internal investigations will be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same completed within ten thirty (1030) working days 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 his/her written or verbal requestthe charges and the employee will be reimbursed for any lost wages suffered as a result of the discipline.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, SECTION 3 When a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action takendisciplined, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member has the right to 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 essential element of the employer/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 time Authority’s discretion, as provided for in Article 4, Authority Rights. Deficient performance in any one or combination of said review.
G. Bargaining unit members shall sign for work related categories will result in discipline up to and including termination. Progressive discipline will be administered in the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have hisfollowing steps: Step I Written notification Step II Written notification with Union/her Management counseling Step III Final written statements submitted within ten (10) work days, attached notice with Union/Management counseling Step IV Subject to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to Termination Before disciplinary action in connection with certain misconductis finalized, all extenuating circumstances and past performance for Steps III and IV will be reviewed and considered. Same is set forth in a Letter Disciplinary entries are valid up to one year after the date of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreementissue.
Appears in 1 contract
Samples: Labor Agreement
Discipline. A. A bargaining unit member (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 suspended with applicable. Notwithstanding the foregoing, suspensions of 11 days or without pay, more may be appealed to arbitration in lieu of the Human Resources Board or otherwise disciplined or discharged provided Police Board upon the Employer has just cause to do sowritten request of the Union. The just cause standard shall not apply to the Disciplinary cases which are converted from a discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of decision of the Human Resources or Police Board do not thereafter become arbitrable as a result of said decision. The 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 taken, for any reason has the imposition right to ask for a Union representative to be present at any interrogations or hearings in accordance with said Boards' rules. For suspensions of eleven (11) to thirty (30) days the designated supervisor shall meet with the employee and notify him/her of the reasons for the discipline and be given the opportunity to respond at that meeting. If the employee requests the presence of a Union representative at such meeting one will be scheduled during provided if reasonably available. In the bargaining unit member's regularly scheduled hours case of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hoursdischarge, the employee shall be entitled provided with a written statement of the charges on which the discharge is based with an explanation of the evidence supporting the charges. The employee shall have an opportunity to additional pay- (1) respond to said charges 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.
F. A bargaining unit member (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 rightinterrogation 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 review include violent acts, criminal acts, drinking alcohol or taking illegal drugs on the contents 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 practical 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 of oral warnings, the 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 the right to make a response in writing which shall become part of the employee's file. Any record of discipline may be retained for a period of time not to exceed eighteen (18) 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 employee successfully appeals a disciplinary action, his/her personnel file shall so record that fact. If the appeal fully exonerates the employee, the Employer shall not use said record of the discipline action against the employee, or in the presence case of an administratorpromotions or transfers. At In any disciplinary investigation of a non-egregious offense conducted by the bargaining unit member's option, a representative investigative staff of the Association may accompany Office of Budget and Management, the bargaining unit member at Employer shall notify the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached employee who is subject to the disciplinary investigation of the pendency of the investigation and its subject matter, within thirty (personnel30) file copy calendar days of such documentation.
H. The 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 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 Police Board to the Circuit Court of Xxxx County, or thereafter to the Appellate Court of Illinois, and the decision of the Human Resources or Police Board is reversed or remanded resulting in restoration of the job, the Employer will continue its practice with respect to disciplinary action pay the employee's reasonable attorney's fees which he or she has incurred in connection with certain misconductthe court proceeding, excluding fees incurred before the Human Resources or Police Board. Same is set forth in The employee shall submit a Letter post-appeal fee petition to the Employer, which shall be supported by full documentation of Agreement dated November 29the work performed, 1990 which is attached the hours expended, and the rates paid by the employee. Should the parties be unable to and incorporated into agree on the proper amount of the fees to be paid to the employee, either party may refer the dispute to arbitration under the relevant provisions of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining Discipline of unit member members to whom Section 75 of the Civil Service Law applies shall be in accordance with the procedures set forth in Section 75. All other employees to whom Section 75 of the Civil Service Law is not applicable shall have the following procedure available to them in the event of discipline.
Step 1. The supervisor shall meet with the employee to discuss the facts and circumstances of the poor performance or misconduct. The employee may be suspended with or without payhave an Association representative present if he wishes, unless the nature of the misconduct, circumstances, or otherwise disciplined or discharged provided the Employer has just cause timing makes it impractical to do so.
Step 2. The just cause standard shall not apply to An employee who has been disciplined may request that the discharge discipline imposed be reviewed by the Director of a probationary employeeFacilities in conjunction with the Assistant Superintendent for Business. Such disciplinary action shall be subject to the Grievance Procedure unless If the employee is a probationary employeebus mechanic, he may request review by the Director of Transportation in conjunction with the Assistant Superintendent for Business. Prior Such request shall be submitted in writing to the appropriate person within fifteen (15) workdays after the imposition of any 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 discipline was based, and a copy shall be furnished to the employee prior to the meeting described below.
A. The Director of Facilities (or the Director of Transportation, where applicable) and the Assistant Superintendent for Business shall hold an informal meeting within five (5) work days after receiving the employee's request. The employee and the supervisor shall each have the right to be present and to make arguments concerning the disciplinary action, the employer will advise the bargaining . The employee may bring an Association representative or another unit member of his/her right his own choice to have association representative presentthis meeting.
B. Demotion is an involuntary transfer to The Director of Facilities (or the Director of Transportation, where applicable) and the Assistant Superintendent for Business shall render a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same joint decision in writing within ten (10) working days workdays after the informal meeting. Where the employee has elected the use of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action this procedure, such decision shall in all respects be final and not subject to the bargaining unit member grievance procedure of this Agreement and shall not be reviewable by any administrative body or court of law. In any event, discipline decisions made by the Association President.
D. Normally, progressive correction District shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may not be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached subject to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into grievance procedure provided by this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member 16.1 Except for those covered employees who may be suspended with or without payterminated during their probationary period, or otherwise no covered employee shall be disciplined or discharged provided the Employer has except for just cause to do socause. The just cause standard provision shall not apply to the discharge separation of covered employees due to the cessation of funding from a grant or external source, or layoffs due to retrenchment.
16.2 Disciplinary measures may include a progression of discipline including written warning; withholding of a probationary employee. Such salary increment; disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of suspension without pay; demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay ; and discharge. It is understood Examples of when discipline may be invoked against an employee are for failure to comply with managerial directives, rules, regulations, and policies of the College(s), misconduct, or unsatisfactory job performance, or other offenses. Oral counseling, letters of counsel, and contents of performance evaluations are not considered disciplinary actions. Although discipline will normally be imposed in a progressive manner, the CCSNH may skip or repeat steps based upon the circumstances of any given case. All discipline shall be documented in writing, and shall specifically cite the act or omission that certain steps 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 presence of the employee.
16.3 All disciplinary sequence documentation shall be placed in the employee's personnel file at the time of issuance. An employee receiving discipline shall sign the disciplinary notice solely as an acknowledgement of receipt and such signature shall not be deemed to be acceptance of the rendered discipline or as a waiver of any right to which the employee may be omitted when the nature and severity of the offense so warrantentitled.
E. All disciplinary action taken against 16.4 As set forth in Article 4.5.6 a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the covered employee shall be entitled to additional payAssociation representation at a disciplinary meeting or an investigative interview or meeting, if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting 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 principles of “Xxxxxxxxxx”, “Xxxxxxx”, “Xxxxxxxxxx” and all other applicable case law shall be observed. The provisions of this Article shall apply to both full-time and part-time covered employees.
F. 16.5 A bargaining unit member covered employee who is the subject of a disciplinary investigation shall have be notified in writing within seven (7) calendar days of such investigation. Notification shall include the rightallegation or wrongdoing that requires investigation and the anticipated date of completion of the investigation. All investigations shall be completed within sixty (60) calendar days, upon requestunless exceptional circumstances justify an extension of time for completion of the investigation. Notice of an extension shall be in writing by the President or Chancellor, as applicable, to review the contents employee before the expiration of the sixty (60) day period and shall set forth the exceptional circumstances and the date of anticipated completion. The employee shall be informed in writing when the investigation is complete and of the determination of the investigation. Investigations shall normally be conducted in a confidential manner. During any investigation the employee shall retain his/her personnel file current position, status, schedule, assignment and rate of pay, except as provided in Article 16.6, below or as otherwise determined based on the presence of an administrator. At circumstances surrounding the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said reviewmatter under investigation.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member The Company, in directing the working force, may exercise its right to invoke disciplinary measures for just cause, subject to the terms and An employee who is required to go to an office to discuss some action on his part which will result in such employee being disciplined, shall have his Union Committeeman present during such discussion unless the employee declines the right to have representation in the presence of their Union Committeeman. At the time an employee is to be suspended interviewed for discipline or disciplined, such discipline will be issued in the privacy of an Discharge Cases--Upon being notified of his discharge, it shall be the duty of an employee to leave his department and go to the Human Resources Department. The Union depart- mental representative and the Plant Chairman shall be immediately notified and given the opportunity to review such discharge case with the employee alone or without paywith others before the records in the Human Resources Department are closed. The wages of an employee shall cease at the time of his discharge excepting in cases where it is later determined that the discharge was not warranted. An employee who is discharged will be furnished with a brief written statement describing the misconduct for which he has been discharged. The written statement furnished to the employee shall not limit Management’s rights, including the right to rely on additional or supplemental information not contained in the statement to the employee. In exceptional cases where the above is delayed, the special circumstances will be reviewed with the Plant Chairman. The Plant Chairman will receive a copy. Should it be decided under this Article in the case of a discharged employee that there was good cause for the discharge, or otherwise disciplined a discharged employee files a grievance requesting only a determination of eligibility for supplemental allowance (where the Company has specified that the reason for the employee’s discharge will result in his being ineligible to receive a supplemental allowance), the arbitrator shall have the authority to determine in the case of an employee eligible to retire under Section of Article 1 of the Non-Contributory Retirement Plan whether the cause for his discharge should result in his being ineligible to receive a supplemental allowance under such Retirement Plan. It is agreed that the Company has the right to direct generally the work of the employees subject to the terms and conditions of this Agreement, including the right to hire employees, to promote and transfer employees for proper cause, to discharge, suspend and demote employees for just cause, to assign them to shifts with due regard to seniority, to determine the amount of work needed, and to lay them off because of lack of work in accordance with the provisions herein. However, none of the foregoing shall be done for the purpose of unfair discrimination. To enable the Company to keep its products abreast of scientific and technical advances, it is agreed that the Company may from time to time, and without reference to the rules of seniority set out in this contract, hire, transfer, teach, and assign duties to a small number of technical men or discharged provided others to be mutually agreed upon between the Employer has just cause to do soCompany and the Union. The just cause standard shall not apply Company has the right to maintain discipline of employees including the right to make reasonable rules and regulations for the purpose of efficiency, safe practices and discipline. The Company will inform the Union of any changes in existing rules and regulations or the establishment of new rules and regulations before such changes are made effective. Any complaint as to the discharge reasonableness of a probationary employee. Such disciplinary action such rules or any grievance involving claims of discrimination against any employee in the application of such rules shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition grievance procedure of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative presentthis Contract.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant.
E. All disciplinary action taken against a bargaining unit member shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance of the work period as a result of the disciplinary action taken, the imposition of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional pay.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member may SECTION 1: Employees covered by this agreement shall be disciplined, demoted suspended with or without pay, or otherwise disciplined or discharged provided only for just cause.
SECTION 2: The purpose of discipline is to improve the affected employee's work performance and conduct. Progressive discipline shall be utilized whenever possible. Progressive discipline shall include resort to verbal warnings, written reprimands and suspensions in a progressive manner prior to imposition of termination from employment. In determining the level of discipline to be imposed, the Employer has just cause to do so. The just cause standard shall not apply to consider the discharge employee's total record of service and may impose a probationary more serious discipline if warranted by the employee. Such 's disciplinary action shall be subject to history or the Grievance Procedure unless nature of the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative presentoffense.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotionSECTION 3: No verbal reprimand, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member and the Association President.
D. Normally, progressive correction shall include an oral warning, a written reprimand, or suspension with or without pay and discharge. It is understood that certain steps in an employee's personnel file will be considered, for purposes of determining the disciplinary sequence may be omitted when the nature and 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 so warrantduring the 24 month period. If a like or related offense is committed, the new 24 month period shall commence on the date that the subsequent disciplinary action is administered.
E. All SECTION 4: The Employer shall provide the Union representative a copy of all written reprimands, suspensions, or removal/termination orders. Conferences for disciplinary action taken against a bargaining unit member purposes shall be in private. Unless Consistent with the bargaining unit member is Xxxxxxxxxx standard, an employee shall have the right to have a Union official present if the employee reasonably believes that he/she may be removed from the premises for the balance of the work period disciplined as a result of the 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 the employee shall have a one (1) week notice of all suspensions.
SECTION 5: The Employer shall hold a pre-disciplinary action takenconference with an employee in the event it considers imposition of a suspension or termination. Employees shall receive five (5) working days advance notice of pre- disciplinary conference and shall also be entitled to a copy of all evidence known at the time that gave rise to the allegations. This exchange of evidence shall not preclude the Employer from relying on evidence that is later discovered or from admitting other evidence at any point of the grievance process. If additional evidence is later discovered, the employee will be given a reasonable amount of time to respond.
SECTION 6: Any Employer representative presiding over a pre-disciplinary conference regarding imposition of discipline will be scheduled during shall not serve as the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hours, the employee shall be entitled to additional paypresiding Employer representative at Step One or Two under Article 9 titled Grievance Procedure.
F. A bargaining unit member shall have the right, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative of the Association may accompany the bargaining unit member at the time of said review.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Discipline. A. A bargaining unit member Employees who are to be or may be suspended disciplined are entitled to Union Representation exclusively in any disciplinary proceedings consistent with or without pay, or otherwise disciplined or discharged provided the Employer has just cause to do soXxxx County Disciplinary Action Policy and Procedure. The just cause standard shall not apply to the discharge of a probationary employee. Such disciplinary action shall be subject to the Grievance Procedure unless the employee is a probationary employee. Prior to the imposition of any disciplinary action, the employer will advise the bargaining unit member of his/her right to have association representative present.
B. Demotion is an involuntary transfer to a position carrying a lower hourly rate. In cases of demotion, the bargaining unit member shall be entitled to receive the written reasons for same within ten (10) working days of his/her written or verbal request.
C. The Board agrees to furnish written notification of disciplinary action to the bargaining unit member Union and the Association President.
D. NormallyCounty agree that discipline should be timely, progressive correction shall include an oral warning, a written reprimand, suspension with or without pay and dischargeaccompanied by counseling. It is understood that certain steps all disciplines below suspension shall be discarded after one (1) calendar year if the employee has not received additional discipline for the same or similar offense. Suspensions, other than for offenses that constitute a criminal or civil violation of federal, State, or municipal law, will no longer be considered in determining future disciplinary actions be discarded from an employee's personnel file twenty-four (24) months from the disciplinary sequence date the suspension was issued, provided the employee has not received discipline for the same or similar offense during that twenty-four (24) month period. Suspensions for time and attendance shall be discarded from an employee’s personnel file after twelve (12) months from the date of suspension, provided that no other discipline has been issued for time and attendance during the twelve (12) month period. For offenses that constitute a criminal or civil violation of federal, State or municipal law suspensions may be omitted when considered in determining future disciplinary actions regardless of how long ago the nature 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 severity 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 offense so warrant.
E. All provisions of this Section. If the County has reason to discipline an employee it shall normally be done in a manner that will not embarrass the employee before other employees or the public. A pre-disciplinary meeting for suspensions and discharges shall be held. Departments should convene a pre-disciplinary hearing and impose disciplinary action taken against a bargaining unit member promptly. Generally, the pre- disciplinary hearing shall be in private. Unless the bargaining unit member is to be removed from the premises for the balance convened within thirty (30) days of the work period as time the alleged infraction occurred or became known to the Department. This time frame shall not be strictly applied and may be extended if the Employee or the Employee’s representative is granted a result delay of the pre- disciplinary action takenhearing 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 imposition Union’s representative or designee does not respond to scheduling of discipline will be scheduled during the bargaining unit member's regularly scheduled hours of work, if possible. It is understood that if the imposition of disciplinary action is to take place after the normal working hourssuch 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 entitled to additional pay.
F. A bargaining unit member shall have done in a manner that will not embarrass the rightemployee before other employees or thepublic. An employee’s disciplinary record in accordance with the provisions of Article IV, upon request, to review the contents of his/her personnel file in the presence of an administrator. At the bargaining unit member's option, a representative Section 4.13 of the Association may accompany Healthcare Professionals, Technicians, Technologists, Article XIV, Section 14.1 of the bargaining unit member at the time of said reviewStroger/Xxxxxx Agreements shall not be used to determine whether or not they are promoted orlaterally transferred.
G. Bargaining unit members shall sign for the receipt of disciplinary documents (reprimands, suspensions and/or warnings), it being understood that the signature only implies receipt. The bargaining unit member may have his/her written statements submitted within ten (10) work days, attached to the (personnel) file copy of such documentation.
H. The Employer will continue its practice with respect to disciplinary action in connection with certain misconduct. Same is set forth in a Letter of Agreement dated November 29, 1990 which is attached to and incorporated into this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
