Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows: 1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal. 2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning. 3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file. 4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum. B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay. C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting. D. The teacher shall be notified of his/her right to representation at each step. E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause. F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions No employee shall be disciplined without just cause. For the purpose of this contract Article, discipline shall include verbal and written reprimands or any reasonable rules warnings placed in the employee’s personnel file, suspension and regulations adopted by discharge.
B. An employee who is disciplined has the Board right to use the grievance procedure. In the case of Education. Such disciplinary action suspension without pay or discharge, the grievance shall be imposed as followsinitiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the case of discharge based upon unsatisfactory work performance of an employee with more than six (6) months of service, the arbitrator shall be limited to considering the following:
1. Step 1 first offense – Verbal warning to Was the teacher in a conference with the principal.employee warned?
2. Step 2 second offense – The offense shall be reduced Was the employee given an opportunity to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.improve?
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board An employee shall have the right to representation attach a written statement to any written warning or reprimand and have such statement placed in his/her personnel file.
D. An employee shall have the right to have a representative present at any meetings which the employee believes may result in discipline, except such right will not exist when the meeting is related solely to the evaluation of the employee’s work performance. Prior to such a meeting, the employee will be provided written notice of its purpose and the right to a representative present during the meeting.
D. The teacher E. Whenever practicable, discipline shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth administered in this Agreement. No teacher private and shall be reprimanded for disciplined progressive. Progressive discipline shall mean verbal warning, written warning (which may include placement on probation, including improvement expected), suspension without just causepay, and termination. The nature of the offense shall determine where progressive discipline is initiated.
F. Nothing herein If a complaint from a parent, co-worker, or other non-supervisory third party is used to support discipline, the employee shall preclude be given the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 name of the Ohio Revised Code at any time when, in the sole complainant and exclusive discretion copies of the Boardcomplaint or the supervisor’s documentation thereof.
G. Employees shall be expected to return from leave immediately upon expiration of leave. Failure to return from leave or being absent from work without any grant of leave for three (3) or more consecutive workdays shall be considered job abandonment, it and the employee will be terminated. If any employee is determined such action unable to report to work for circumstances beyond their control, they will be on unpaid leave until the situation is warrantedinvestigated and resolved.
H. The probationary period for newly hired employees will be six (6) calendar months. Termination of probationary employees shall not be subject to appeal.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education1. Such disciplinary action No tenured Certified Staff member shall be imposed as follows:
1reduced in pay, issued a written reprimand, issued a written warning notice, or suspended without pay without just cause. Step 1 first offense – Verbal warning Terminations of teachers shall not be grievable but shall be pursuant to 24-11 and 24-12 of the teacher in a conference with the principalSchool Code (105 ILCS 5/24-11 and 105 ILCS 5/24-12).
2. Step 2 second offense – The offense No Support Staff member shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s contentdisciplined, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected partiessuspended, nor issued a written reprimand may without just cause. Non-probationary Support Staff members shall not be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined terminated without just cause.
F. Nothing herein 3. It shall preclude be the Board responsibility of the Administration to promptly inform an employee of deficiencies in his or Education from omitting the foregoing steps and procedures and instituting termination proceedings her work-related conduct. An employee shall be entitled to Association representation in all meetings, either investigatory or disciplinary, which could lead to discipline, except for required conferences pursuant to Sections 3319.16 Article V.C. and 3319.161 D.
a. It is solely the employee’s responsibility to determine the need for and request Association representation.
b. If the employee chooses Association representation not employed by the District, the District must be notified no less than 24 hours prior to the meeting. Such meeting shall be held at the District Office.
4. The Board and the Administration shall follow the practice of progressive discipline particularly for remediable offenses. When a deficiency in work-related conduct is substantiated, the Ohio Revised Code at any time when, supervisor shall document the deficiency for the employee in writing. A copy shall be placed in the sole personnel file. The document shall specify the conditions for its removal. The employee shall have the right, and exclusive discretion is encouraged to respond in writing within 10 school days of receiving the Boardwritten documentation.
5. This section shall not apply to the placement of a teacher on a remediation plan pursuant to the evaluation plan, it is determined such action is warrantedArticle V., or to ratings and comments contained in a teacher’s evaluation.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. Section 1. For members of the bargaining unit represented by the Association, employee discipline shall mean written reprimand, suspension without pay, or dismissal. The Administration may take Board subscribes to the principles of due process and progressive disciplinary action discipline, and shall not administer discipline against any a teacher for violation of or failure to comply with any provisions without good cause. For purposes of this contract or any reasonable rules and regulations adopted by Article, dismissal shall not apply to non-tenured teachers. Tenured teachers may only be dismissed pursuant to the Illinois School Code.
1.1 Prior to administering discipline, the Board or the appropriate administrator shall conduct a fair and objective investigation to determine whether the teacher has violated a rule or policy of Educationthe District. Such disciplinary action The alleged offense and the past record of the teacher will be taken into consideration when deciding whether to administer discipline and in determining the appropriate degree of discipline. The degree of discipline to be administered in a particular case shall be imposed as follows:reasonably related to the seriousness of the proven offense.
1. Step 1 first offense – Verbal warning 1.2 Prior to administering a written reprimand, the administrator issuing the written reprimand shall provide to the teacher written notice of the allegations in question, and shall provide the teacher the opportunity to have a conference with hearing on the principal.
2allegations before the administrator issuing the written reprimand. Step 2 second offense – The offense If the teacher requests such a hearing, he/she shall be reduced entitled to writing by have an Association representative of his/her choice present at the principal hearing to advise, assist, and copies given to represent the teacher. At the hearing, the teacher and Superintendent. The written warning his/her Association representative shall be initialed and dated by have the opportunity to cross-examine witnesses bringing testimony against the teacher. The initials , and shall not indicate agreement with have the warning’s content, but show only the teacher has received a copy of the written warningopportunity to present evidence on his/her own behalf.
3. Step 3 third offense – After a conference has been held 1.3 Suspensions without pay may only be issued by the Superintendent with or the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4Board. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or Teachers suspended without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting hearing in closed session before the board of education in executive sessionBoard to review his/her suspension without pay. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified entitled to have an Association representative of his/her right choice present at the hearing to representation at each stepadvise, assist, and represent the teacher. At the hearing, the teacher and his/her Association representative shall have the opportunity to cross-examine witnesses bringing testimony against the teacher, and shall have the opportunity to present evidence on his/her own behalf.
E. Disciplinary action is subject to the grievance procedure set forth Section 2. Nothing in this Agreement. No teacher Article shall be reprimanded for disciplined without just cause.
F. Nothing herein interpreted to prevent the Superintendent from immediately placing on a non-disciplinary administrative leave with pay any employee whose conduct can reasonably be construed to create a condition of emergency which threatens or may threaten the health, safety or welfare of any student or school personnel. Prior to imposing an administrative leave with pay on an employee, the principal shall preclude inform the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 employee of the Ohio Revised Code at any time when, in decision and the sole and exclusive discretion of the Board, it is determined such action is warranted.reason(s)
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. Section 1 - General
A. The Administration may take progressive disciplinary action against any teacher for violation of or failure FNSBEA recognizes the Employer's right to comply with any provisions of this contract or any adopt and implement reasonable rules and regulations adopted by the Board pertinent to safety, standards of Educationconduct and work rules. Such disciplinary action All employees shall be imposed subject to such rules and regulations, and violations of such directives shall subject the offending employee to disciplinary sanctions.
B. The Employer shall not discipline or discharge a regular employee without just cause. When disciplining employees, the Employer shall follow the principles of progressive discipline which include oral counseling, written reprimand, suspension(s) without pay, and discharge as follows:described in Section 3. The Employer is not required to follow the progressive steps of discipline for serious violations of the work rules as generally defined in Section 3 below.
C. An employee has a right to request union representation during an investigative interview if the employee has reasonable belief that discipline or other adverse consequences may result from what he/she says in the interview. In such an instance, the supervisor has the following options: 1) stop questioning the employee until the union representative arrives; or 2) call off the interview and reschedule; or 3) continue the interview if the employee voluntarily gives up his/her rights to a union representative.
1. Step 1 In all cases, when a Notification of Intent to Investigate (NOI) is issued, the employee shall be informed of the subject of the interview, and their rights to representation in writing prior to commencement of the meeting.
Section 2 - Oral Counseling Prior to any disciplinary action for minor infractions of the work rules and after a preliminary investigation, if the supervisor determines that an alleged offense may warrant oral counseling, the supervisor shall first offense – Verbal warning to the teacher in schedule a conference meeting with the principal.
2employee to discuss the inappropriate behavior or performance problem and attempt to resolve the issue informally. Step 2 second offense – The offense employee shall be reduced informed that he/she has the right to writing by have an FNSBEA representative present at the principal meeting. At this meeting the employee and copies supervisor shall attempt to agree to a plan or objective to improve the worker's conduct or performance which shall, when appropriate, include a plan for additional training. If the parties reach an agreement a copy shall be given to the teacher and Superintendent. The written warning employee but no record shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s employee's official personnel file.
4. Step 4 fourth offense – After a meeting before If the Superintendentproblem is corrected within the specified time and there are no disciplinary actions within one (1) year, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension plan shall be for up expunged from the supervisor's anecdotal records and shall not be used as the basis of any future discipline or other employment decisions. If the parties are unable to five days maximum.
B. Upon reach agreement or the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspensionproblem persists despite an agreement, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher supervisor may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary administer disciplinary action is subject to the grievance procedure as set forth in this Agreement. No teacher shall be reprimanded for disciplined without just causeSections 3 and 4.
F. Nothing herein shall preclude Section 3 - Disciplinary Administration Disciplinary action will be administered on a case-by-case basis in a consistent and fair manner. The discipline imposed will depend upon intent and mitigating circumstances, including the Board employee's past record, length of service, existence of past discipline, and the potential detriment to the Employer resulting from the action. Suspension or Education from omitting dismissal may be appropriate for the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 first offense only for serious rule violations like theft, assault, dishonesty, fighting, intentional falsification of official records, possession or being under the Ohio Revised Code at any time wheninfluence of prohibited narcotics during duty hours, in being under the sole and exclusive discretion influence of the Boardalcohol during duty hours, it is determined such action is warrantedgross negligence or gross insubordination.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. 1. The Administration may take progressive disciplinary action against any teacher for violation right of management to reprimand employees shall not be abrogated. However, criticisms or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action reprimands shall be imposed as follows:
1handled in a private and professional manner in a reasonable time frame of the alleged concern. Step 1 first offense – Verbal warning Investigations leading to discipline should be started within fifteen (15) days of the alleged incident being reported to the teacher in a conference with the principalDepartment of Human Resources.
2. Step 2 second offense – The offense A copy of any disciplinary material which relates to activities while employed by KCPS that is placed in an employee’s permanent personnel file shall be reduced to writing by the principal and copies given to the teacher employee at the time of insertion to the permanent personnel file.
3. Upon the request of an employee or a recognized representative of SEIU and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warningwritten permission of the employee involved, said employee or representative will meet with a representative of the Department of Human Resources and review the employee’s contentfolder.
4. Before any letter of concern, but show only or more serious action is taken, that may reasonably lead to discipline is placed in an employee’s permanent file, the teacher has received employee shall first receive a copy of the written warningletter and be given an opportunity to discuss its contents with his/her supervisor, or a Human Resources representative. The Employee shall be accompanied by a representative of the Union if requested by employee. However, arrangements for the presence of a representative shall not unreasonably delay the contemplated disciplinary action. Administration shall not be obligated to postpone the meeting for more than forty-eight (48) hours if the employee’s representative is unable to meet.
35. Step 3 third offense – After When an employee is requested by KCPS administration to meet, the employee will be informed as to the nature and topic of the meeting. If the meeting is related to a conference has been held potential disciplinary issue for the employee, the employee will be informed the meeting may result in disciplinary action and the employee may request to bring a Union representative.
6. Written reprimands, or letters of concern shall not be delivered by electronic mail and shall allow for the Superintendent supervisor’s and the employee’s original signature. Employees shall sign where indicated to acknowledge receipt only, and not agreement with the affected parties, a written reprimand may or concern.
7. Any record adverse to the interest of an employee placed in an employee’s personnel file shall be removed immediately from such file if, as the result of the grievance procedure, it is demonstrated that the adverse record should not have been placed in the teacheremployee’s personnel file.
48. Step 4 fourth offense – After a meeting before Employer will consider the Superintendent, the Administration has the right age and relevance of prior disciplinary information when making an employment decision. Infractions which are over three years old may not necessarily lead to suspend a teacher with or without pay for an increased level of disciplinary purposes. The length of the suspension shall be for up to five days maximumresponse.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive Board and the Association recognize a mutual responsibility for promoting professional conduct that encourages quality in the educational process and reflects favorably upon the teaching profession. Breaches of professional conduct are subject to disciplinary action against any teacher for procedure. Such breaches include, but are not limited to: abuses of sick leave and other leaves, tardiness, willful deficiencies in professional performance, violation of or failure to comply Board policies, regulations and administrative directions not inconsistent with any provisions the terms of this contract or any reasonable rules Agreement, and regulations adopted by in violation of the Board terms of Educationthis Agreement. Such disciplinary Disciplinary action shall be imposed defined as follows:
1any verbal warning, written warning, written reprimand, suspension or discharge. Step 1 first offense – Verbal warning to Before any meeting is called from which disciplinary action may result, the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be notified and shall be entitled to have present an Association representative. Whenever the result of a reprimand or disciplinary action for any infraction of discipline, or delinquency in professional performance is reduced to writing by the principal administrator, the findings and copies decisions of the administrator shall be filed, in writing, in the teacher's personnel file, and a copy thereof given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right append a rebuttal statement to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreementany statement, finding or decision with which he or she disagrees. No teacher shall be reprimanded for disciplined without just reasonable, factual and legally correct cause.
F. Nothing herein B. Disciplinary action shall preclude be applied using the principles of progressive discipline. The following sequence shall normally be followed for the same or similar offense:
1. Verbal warning: first offense
2. Written warning: second offense
3. Suspension without pay: third offense
4. Termination: fourth offense Depending upon the severity of the offense/violation for which discipline is deemed necessary, disciplinary action may be initiated at any step at the discretion of the Superintendent.
C. Administration will take reasonable measures to issue a verbal warning outside the presence of other non-essential employees, students or the general public. Documentation of the verbal warning shall be maintained in a separate file from the employee’s personnel file and a copy of the document shall be given to the employee.
D. Unit members will not be denied the presence of a building representative at any pre- discipline meeting.
X. A unit member shall have the right to meet with the Superintendent prior to the Superintendent recommending the Board or Education from omitting initiate termination proceedings. Further, the foregoing steps and unit member shall have the right to meet with the Board in executive session prior to the Board taking action to initiate the statutory process to terminate a unit member’s contract. The unit member may be accompanied by a building representative at these meetings.
F. Any discipline that is less than a termination shall be subject to the grievance-arbitration procedure of this Agreement. The procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the set forth in Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.3319.16 and
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration A.1 Should a violation of (but not limited to) Administrative rules or regulations occur, for which an employee may take be disciplined, the following progressive disciplinary action against any teacher for violation procedure is set forth in order to insure the fair, timely and equitable treatment of or failure to comply with any provisions employees in matters of this contract or any reasonable disciplinary action. Infractions of rules and regulations adopted for which employees may be disciplined shall have been clearly communicated to employees before disciplinary action is taken. Each employee may have a Union representative present at any meeting described in this disciplinary procedure. Discipline is subject to the Grievance Procedure.
A.2 Any employee receiving a written reprimand or notice that is of a disciplinary nature shall be given a copy of said reprimand or notice. The employee will also be asked to sign the document to acknowledge that he or she has seen it. The employee’s signature shall not mean that he or she necessarily agrees with the document’s contents. If the employee refuses to sign, such refusal shall be noted on the document and placed in the file.
A.3 If grave violation occurs, the employer may proceed to level three or four.
A.4 Members of the bargaining unit shall be subject to disciplinary under the following procedures: 1st Level: Verbal reprimand by the Board employee’s immediate supervisor. A record of Educationthis reprimand will be placed in the employee’s personnel file and retained for not more than one (1) year if no further infraction occurs. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing 2nd Level: Written reprimand by the principal and copies given to the teacher and Superintendentemployee’s immediate Supervisor. The written warning employee shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received receive a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected partiesreprimand and, upon request, a written reprimand may meeting with his/her immediate Supervisor will be placed in held to discuss the teacher’s personnel file.
4problem. Step 4 fourth offense – After a meeting before 3rd Level: Suspension, without pay, up to three (3) days. An employee who continues the Superintendentbehavior(s) necessitating the use of this procedure will, after the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall third occurrence, be suspended for up to five three (3) work days maximum.
B. without pay. The employee shall also receive written warning that the commission of another infraction may result in the employee’s discharge. Upon the initiative of employee’s return from suspension, a meeting will be held with the Superintendentemployee, with good cause shown, Steps 1, 2the OAPSE Field Representative, and 3 above may be omitted and a teacher brought before the Superintendent directly for or his designee, to discuss the problem. 4th Level: Termination of employment. An employee who continues to violate (but not limited to) Administrative rules or regulations after the 3rd level, shall face further disciplinary action. Prior action up to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without payincluding discharge.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 2 contracts
Samples: Negotiations Agreement, Negotiations Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher No employee shall be disciplined, reprimanded, suspended, reduced in rank, docked, or have their assignment changed without cause. Only discipline resulting in discharge during the school term for violation cause or suspension without pay of or failure more than five working days pursuant to comply with any the Joint Agreement policy on suspension without pay shall be subject to the arbitration provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximumgrievance procedure.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspensionThe Board, the Administration shall conduct Director or her/his designee, may progressively discipline an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving employee through oral reprimands, written notification of a possible suspension reprimands, suspensions with or without pay, reductions in rank, docking, or a change in assignment.
C. ECHO recognizes the teacher use of progressive discipline where appropriate provided that nothing in this Section shall require the Board or the Director, or her/his designee, to exhaust any or all of the foregoing disciplinary actions when the action(s) of an employee necessitates immediate disciplinary action. An employee may request have a representative of the Association present at any meeting before the board of education which could result in executive sessiondisciplinary action. The teacher employee will be notified verbally of the cause for the meeting, the issues to be discussed at the meeting and of the board shall have the employee’s right to representation have an Association representative present at the meeting. Generally, the employer will schedule the investigatory meeting at a time/date that respects the availability of the employee's chosen representative. When unique circumstances make such scheduling impossible, the employer will grant the employee the choice of another representative to attend the meeting at the scheduled time. Should no representative be available at the site then the meeting will be rescheduled for the next school day. Nothing shall preclude the employee from attending such meetings.
D. The teacher shall be notified of his/her right to representation at each stepa representative shall not apply to evaluation conferences or informal, impromptu discussions regarding employee performance.
E. Disciplinary action is subject A suspended employee found not to have engaged in the grievance procedure set forth in this Agreement. No teacher alleged actions shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps reinstated with full back-pay and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 any other benefits lost as a result of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warrantedsuspension.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration 1. Any employee summoned to the office of a principal or immediate supervisor where there exists no principal, or their designees for a conference which may take progressive lead to disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s contentreprimand, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to request Association representation and shall be informed of this right. If representation is provided, the employee shall have the right to be accompanied at the meetingconference by up to two (2) representatives of the Association and shall be informed of this right.
D. The teacher 2. Employees shall be notified given two (2) days’ notice and a statement of his/her the reason for the conference, except in cases deemed by the supervisor to be an emergency. When Association representation is requested, and the employee is to be represented by the Association, the conference must be scheduled at a time when Association representation (building representative or bargaining agent representative, where appropriate) can be present.
3. A conference, which may lead to disciplinary action or reprimand not held in accordance with these conditions, shall not be considered a part of the employee's personnel file or record and neither the fact of the conference nor any statements made at the conference may be used in any subsequent proceedings or reprimand involving the employee.
4. A conference as described above, shall not prohibit the supervisor from engaging in conversation, discussion, and/or clarification, with any employee nor prohibit the supervisor from addressing such previous occurrences in the conference.
5. Disciplinary action may not be taken against an employee unless substantiated by evidence that supports the recommended disciplinary action.
6. Where substantiated evidence warrants such action(s), an employee may be demoted, suspended, or dismissed upon recommendation of the immediate supervisor to the Superintendent. Unless circumstances warrant immediate disciplinary action, progressive discipline shall be administered as follows:
a. Verbal warning
b. Employee conference (written warning)
c. Written reprimand (final warning)
d. Suspension with or without pay e. Dismissal by Board action
7. An employee against whom action is to be taken under this section shall have the right to representation at each stepreview all documents or records relied upon to support the proposed action and shall be given a copy upon request.
E. Disciplinary 8. When a principal/supervisor deems it necessary to discipline an employee, said disciplinary action is subject to the grievance procedure set forth should be made in this Agreement. No teacher shall be reprimanded for disciplined without just causeprivate and with discretion.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 2 contracts
Samples: Education Staff Professionals Contract, Education Staff Professionals Contract
Employee Discipline. A. The Administration may take progressive Section 9.1. No employee shall, for disciplinary reasons, be given a Level 3 Warning, reduced in pay or classification, suspended for more than three (3) days, or discharged except for just cause. Forms of disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as followsare:
1. Step A. Level 1 first offense – Verbal warning to the teacher in Warning;
B. Level 2 – Written Warning;
C. Level 3 – Written Warning or a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or Suspension without pay for disciplinary purposesmore than three (3) days;
D. Reduction in pay;
E. Reduction in classification or demotion (optional); and
F. Discharge from employment.
Section 9.2. Except in instances of serious misconduct, discipline will be applied in a progressive and uniform manner. Progressive discipline shall take into account the nature of the violation, the employee's record of discipline, and the employee's record of performance and conduct. Nothing in this Article or Section shall be construed to limit the Employer’s discretion to impose an appropriate level of discipline under the specific factual circumstances. The length disciplinary process shall begin within sixty (60) calendar days from the date the Employer knew, or should have known, of the suspension shall be for up to five days maximumincident.
B. Upon Section 9.3. Whenever the initiative Employer determines that an employee may receive a Level 3 Warning or be suspended, reduced in pay, demoted, or terminated for disciplinary reasons, the Employer shall notify the employee in writing of the Superintendentcharges against the employee, with good cause shown, Steps 1, 2the nature of the discipline being contemplated, and 3 above generally an explanation of the Employer's evidence supporting the allegations. If after two (2) years of an incident resulting in a verbal or written reprimand the employee does not have any same and/or similar discipline, then the reprimand shall have no force and effect in future progressive discipline. The employee shall have an opportunity to respond orally or in writing to the charges prior to discipline being imposed, and may be omitted and a teacher brought before accompanied by the Superintendent directly for disciplinary action. Prior to any Union Grievance Chairperson, local officer, or OAPSE representative during such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without payresponse.
C. Upon request of Section 9.4. It is understood by the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher parties that newly-hired probationary employees may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code terminated at any time whenduring their probationary period and shall have no appeal over such action.
Section 9.5. Carrying or possessing firearms, explosives or other weapons on Library property or in the sole and exclusive discretion of the BoardLibrary vehicles at any time, it or personal vehicles while on Library business, including carrying or displaying a weapon or handgun while on strike or picketing whether on or off duty, is determined such action is warranteda major infraction which will result in immediate discharge.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive Section 9.1. No employee shall, for disciplinary reasons, be given a Level 3 Warning, reduced in pay or classification, suspended for more than three (3) days, or discharged except for just cause. Forms of disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as followsare:
1. Step A. Level 1 first offense – Verbal warning to the teacher in Warning;
B. Level 2 – Written Warning;
C. Level 3 – Written Warning or a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or Suspension without pay for disciplinary purposesmore than three (3) days;
D. Reduction in pay;
E. Reduction in classification or demotion (optional); and
F. Discharge from employment.
Section 9.2. Except in instances of serious misconduct, discipline will be applied in a progressive and uniform manner. Progressive discipline shall take into account the nature of the violation, the employee's record of discipline, and the employee's record of performance and conduct. Nothing in this Article or Section shall be construed to limit the Employer’s discretion to impose an appropriate level of discipline under the specific factual circumstances. The length disciplinary process shall begin within sixty (60) calendar days from the date the Employer knew, or should have known, of the suspension shall be for up to five days maximumincident.
B. Upon Section 9.3. Whenever the initiative Employer determines that an employee may receive a Level 3 Warning or be suspended, reduced in pay, demoted, or terminated for disciplinary reasons, the Employer shall notify the employee in writing of the Superintendentcharges against the employee, with good cause shown, Steps 1, 2the nature of the discipline being contemplated, and 3 above generally an explanation of the Employer's evidence supporting the allegations. If after two (2) years of an incident resulting in a verbal or written reprimand the employee does not have any same and/or similar discipline, then the reprimand shall have no force and effect in future progressive discipline. The employee shall have an opportunity to respond orally or in writing to the charges prior to discipline being imposed, and may be omitted and a teacher brought before accompanied by the Superintendent directly for disciplinary action. Prior to any Union Grievance Chairperson, local officer, or OAPSE representative during such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without payresponse.
C. Upon request of Section 9.4. It is understood by the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher parties that newly-hired probationary employees may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code terminated at any time whenduring their probationary period and shall have no appeal over such action.
Section 9.5. Carrying or possessing firearms, explosives or other weapons on Library property or in Library vehicles at any time, or personal vehicles while on Library business, including carrying or displaying a weapon or handgun while on strike or picketing whether on or off duty, is a major infraction which will result in immediate discharge.
Section 9.6. Use of surveillance cameras/monitors is primarily for security reasons. However, surveillance footage may be reviewed to determine misconduct and to determine appropriate disciplinary measures. Management may review surveillance footage to investigate specific complaints or concerns about employee misconduct. If evidence of misconduct is found within the sole and exclusive discretion of surveillance footage, then the Boardfootage may be used to process disciplinary actions. If discipline is brought against the employee due to surveillance footage, it is determined such action is warrantedthe employee in question may also request to review the footage themselves or with union leadership present.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation Association recognizes the right of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board to discipline its employees. Discipline of Educationa teacher will be sequential in severity, except in those situations that constitute a breach of board policy that could impair the effective operation of the school, or a potential criminal violation. Such disciplinary action The sequence of discipline shall be imposed as follows:
1. Step 1 first offense – Verbal warning Oral reprimand transmitted directly to the teacher by the teacher’s immediate supervisor, and recorded in a conference with the principalpersonnel file as the existence of the reprimand, without extensive details. Such record of reprimand shall include the acknowledgement of the teacher.
2. Step 2 second offense – The offense Written reprimand shall be reduced to writing provided by the principal immediate supervisor of the teacher, and copies given shall contain sufficient details of the incident to the teacher and Superintendent. The written warning shall be initialed and dated allow understanding by the teacher, who shall have five (5) business days to submit a written response to the allegations. The initials response shall not indicate agreement with be attached to the warning’s contentreprimand, but show only and both will remain in the teacher has received a copy of the written warningteacher's personnel file.
3. Step 3 On a third offense – After or subsequent issue, whether related to any earlier incidents leading to either a conference has been held by verbal or written reprimand, or a failure of a teacher to correct the behavior identified in a written reprimand, the teacher and the immediate supervisor shall develop a written plan of improvement with identified areas of improvement and a timeline for meeting those expectations. Should the teacher and supervisor be unable to reach mutual agreement on the plan of improvement, the Superintendent with shall be requested to resolve the affected partiesconflict. The time period for executing the plan of improvement shall be only for the length of time required to make the necessary improvements, a written reprimand may be placed in the teacher’s personnel filenot to exceed one
(1) year.
4. Step 4 fourth offense – After a meeting before If the Superintendentteacher does not satisfactorily meet the goals of the plan of improvement, or if the teacher's behavior or conduct becomes insubordinate, the Administration has immediate supervisor shall notify the right Superintendent who shall have the authority to suspend the teacher with pay, pending further review.
a) Whenever, in the judgment of the administration, the continued service of a teacher is not in the best interest of the students, other teachers and employees, school property, or the individual teacher, the Superintendent may immediately suspend a teacher with or without full pay for disciplinary purposes. The length and replace the teacher with a temporary substitute.
b) Following the suspension, the Superintendent will set forth the reasons and conditions of the suspension in writing and provide such written specifics to the suspended teacher. Written documentation shall be for up to five days maximumprovided within three (3) full school days.
B. Upon c) The teacher will have seven (7) school days within which to provide a written response.
d) For any suspension which is intended to last beyond ten (10) school days, the initiative Superintendent will report to the Board of Education and recommend a continued suspension or termination.
5. If the teacher does not correct the issues identified as the basis for the suspension with pay, or if the behavior is serious enough to warrant termination of employment, the Superintendent will notify the teacher of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior intent to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such recommend suspension will be based. The results of the investigation shall be reduced to writing and given without pay to the teacher along with a recommendation for a possible suspension with or without payboard of education.
C. Upon request of 6. Any teacher placed on administrative leave and not returning the teacher following year, forfeits early resignation incentives and within five (5) days of excess personal leave payouts. Proper documentation by the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive sessionsupervising administrator must be provided. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.(06/10/2024)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. 10.1 No bargaining unit member shall be disciplined without just cause, except as otherwise explicitly provided in this Agreement. Any such discipline shall be subject to the grievance procedure herein set forth. The Administration may take progressive specific grounds forming the basis for disciplinary action against any teacher for violation will be made available to the employee in writing. The termination of or failure to comply with any provisions a probationary employee does not constitute discipline within the meaning of this contract section.
10.2 Abuses of sick leave or any other leaves, chronic tardiness or absences, deficiencies in performance, or other violations of Board policy by an employee reflect adversely upon the employee’s profession and create undesirable conditions in the School District. It is recognized that an employee who engages in such activity is subject to discipline up to and including discharge. The Board, in recognition of the concept of progressive correction, shall notify the employee in writing whenever such notice might be used later for discipline of employee of alleged delinquencies, indicate expected correction, and indicate a reasonable rules and regulations adopted by period for correction. This provision shall not prevent the Board Administrators from informal conferences with the employee, but such conferences may not be used later for discipline unless the writing above indicated is delivered to the employee. Alleged breaches of Education. Such disciplinary action discipline shall be imposed as follows:
1. Step 1 first offense – Verbal warning promptly reported to the teacher in a conference with the principaloffending employee.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board 10.3 An employee shall have the right to representation request that a representative of the Group accompany them whenever they are required to attend a meeting at which they are to be reprimanded, warned or disciplined for any infraction of rules or other behavior which might result in disciplinary action when such meeting is made a portion of their personnel record. An employee shall be given at least two (2) hours notice of such a meeting and the fact that an employee may request a representative to be present shall in no way cause a delay of over twenty-four (24) hours if the representative is unable to attend at the meetingspecific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
D. The teacher 10.4 Discharge or demotion in the employment status of a bargaining unit member shall be notified for just cause and preceded by:
A. The faithful execution of his/her right to representation at each stepthe evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
E. Disciplinary action is subject B. The forwarding of a written explanation to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just causeemployee.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is determined such action felt that an employee is warrantedconsistently tardy or when it is felt that an employee consistently leaves early.
A. A personal warning in writing will be given to the employee by the building Administrator with a copy sent to the Superintendent.
B. A second personal warning in writing shall be given to the employee by the building Administrator with a copy sent to the Superintendent and a copy of this warning inserted in the employee’s personnel record.
C. After “A” and “B” above have been performed an employee who is tardy or leaves early during the school year, may be subject to dismissal.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Employee Discipline. A. The Administration 1. Any employee summoned to the office of a principal or immediate supervisor where there exists no principal, or their designees for a conference which may take progressive lead to disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s contentreprimand, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to request Association representation and shall be informed of this right. If representation is provided, the employee shall have the right to be accompanied at the meetingconference by up to two (2) representatives of the Association and shall be informed of this right.
D. The teacher 2. Employees shall be notified given two (2) days notice and a statement of his/her the reason for conference, except in cases deemed by the supervisor to be an emergency. When Association representation is requested, and the employee is to be represented by Association, the conference must be scheduled at a time when Association representation (building representative or bargaining agent representative, where appropriate) can be present.
3. A conference, which may lead to disciplinary action or reprimand not held in accordance with these conditions, shall not be considered a part of the employee’s personnel file or record and neither the fact of the conference nor any statements made at the conference may be used in any subsequent proceedings or reprimand involving the employee.
4. A conference, as described above, shall not prohibit the supervisor from engaging in conversation, discussion, clarification, with any employee nor prohibit the supervisor from addressing such previous occurrences in the conference, nor shall it prohibit the supervisor from placing in the employee’s personnel file such previous occurrences.
5. Disciplinary action may not be taken against an employee unless substantiated by evidence that supports the recommended disciplinary action.
6. Where substantiated evidence warrants such action(s), an employee may be demoted suspended, or dismissed upon recommendation of the immediate supervisor to the Superintendent. Unless circumstances warrant immediate disciplinary action, progressive discipline shall be administered as follows:
a. Verbal warning
b. Employee conference (written warning)
c. Written reprimand (final warning)
d. Suspension with or without pay e. Dismissal by Board action
7. An employee against whom action is to be taken under this section shall have the right to representation at each stepreview all documents or records relied upon to support the proposed action and shall be given a copy upon request.
E. Disciplinary 8. When a principal/supervisor deems it necessary to discipline an employee, said disciplinary action is subject to the grievance procedure set forth should be made in this Agreement. No teacher shall be reprimanded for disciplined without just causeprivate and with discretion.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 2 contracts
Samples: Instructional Contract, Instructional Contract
Employee Discipline. A. The Administration may take progressive No employee shall be disciplined except for just cause. Discipline is defined as a written reprimand or suspension or dismissal. Discipline will be done in private.
B. If a discussion with an employee's supervisor or management representative could reasonably result in a disciplinary action against any teacher being initiated, the employee will have the right to Union representation and will not be dissuaded from requesting representation. No further discussion will take place until the Delegate or Union representative is provided the opportunity to be present. However, the unavailability of Union representation will not cause the interview to be delayed for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by more than 24 hours. Time limits may be extended if the Board of Education. Such disciplinary action shall be imposed as follows:Parties are in agreement.
1. Step 1 first offense – Verbal warning In the event of a reasonable suspicion drug/alcohol test, the employee will have the right to Union representation and will not be dissuaded from requesting representation; however, testing will not be unduly delayed while waiting for the Union representative. At least thirty (30) minutes will be afforded for the Union representative’s arrival if representation is requested. The Union representative may accompany the employee to testing and remain present through the completion of testing.
C. Investigatory meetings, disciplinary actions (proposals and final actions), and notification of such shall be done in private in a manner which affords the employee reasonable protection from embarrassment before other employees and the public. If a supervisor has the need to criticize an employee regarding the employee's conduct or work it will take place in private.
D. Any employee who is disciplined by written reprimand, suspension, or is dismissed may request the representation of a Delegate or Union representative and will not be dissuaded from requesting representation. If a Delegate or Union representative is requested, there will be no further discussion with the employee until the Delegate or Union representative arrives. However, after twenty-four (24) hours have elapsed and either a Delegate or Union representative has not been found or has not arrived the manager/supervisor may continue with the disciplinary discussion. When scheduling disciplinary or investigatory meetings in advance, supervisors shall inform employees of the purpose of the meeting and when and where the meeting shall occur.
E. An employee who is disciplined in any way shall receive a Notice of Contemplated Action prior to the teacher in action being taken. Except for gross misconduct, an employee shall receive a conference with Notice of Contemplated Action within thirty (30) calendar days after the principalemployee’s line management learns of the misconduct however not to exceed twelve (12) months after the incident occurred. Time limits may be extended upon written request to and agreement by the Union, which will be freely approved if requested to prevent issuing a Notice during or immediately before a holiday or leave period.
1. The notice shall state the specific details of the allegations, identify witnesses, and provide the policy that has been breached and all documents the Hospital will use at any proceeding to support the disciplinary action.
2. Step 2 second offense – Employees are entitled to have present one (1) Delegate/Union Representative when responding to the allegations. An employee may be called to the Hospital for a Notice of Contemplated Action with pay at the appropriate rate of pay for all time spent in the meeting. Failure to report to such a meeting shall not result in further discipline.
3. A copy of the disciplinary case file will be provided to the employee or to the designated Union Representative/Delegate. The offense employee or the designated Union Representative/Delegate will have five (5) business days (excluding weekends and holidays), after receipt of the Notice of Contemplated Action to respond orally and/or in writing to the proposed action.
4. Notice of Final Action shall be reduced tendered to writing the employee no later than thirty (30) calendar days after receipt of the employee’s response to the Notice of Contemplated Action (or deadline for employee’s response if none given) and will advise the employee of grievance rights per contract. Time limits may be extended upon written request and agreement by the principal and copies given Union, which will be freely approved if requested to prevent issuing a Notice during or immediately before a holiday or leave period.
5. An employee who is disciplined will be tendered a copy of any written reprimand, notice of suspension, or dismissal at the teacher and Superintendenttime the action is taken, unless exceptional circumstances prohibit delivery of the notice at that time. The written warning In such case the employee shall receive or be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received mailed via Certified Mail a copy of the written warningnotice within two (2) business days (exclusive of weekends and holidays) of the action taken.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes6. The length Hospital shall notify the Union of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, all disciplinary actions within two (2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) business days of the teacher’s receiving written notification Notice of a possible suspension Final Action (exclusive of weekends and holidays). Notification shall include the Notice of Contemplated Action letter (without attachments) with or without paythe Notice of Final Action. If the Hospital fails to notify the Union, the teacher may request deadline to file a meeting before grievance regarding the board of education in executive session. The teacher and disciplinary action shall not start running until the board shall have Hospital notifies the right to representation at the meetingUnion.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration 1. A complaint which would prompt or promote disciplinary action made against the employee by any parent, student, or other person will be promptly called to the attention of the employee. Any complaint not called to the attention of the employee may take progressive not be used as the basis for any disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Educationemployee. Such disciplinary action Disciplinary actions shall be imposed defined as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principalincluding written reprimand, warning, suspensions paid or unpaid, discharge.
2. Step 2 second offense – The offense No employee shall be reduced to writing by the principal and copies given to the teacher and Superintendentdisciplined without just cause. The written warning Any such discipline shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth except in the case of probationary employees. The specific grounds forming the basis for disciplinary action will be made available to the employee.
3. Any disciplinary action taken against an employee shall be appropriate to the behavior that caused the action.
4. A bargaining unit member shall be entitled to have present a representative(s) of the HESPA, MEA/NEA during any meeting which will or may lead to disciplinary action by the employer. The HESPA, MEA/NEA President and/or the Classification Representative shall be released from their work duties and station, without loss of pay and benefits, in order to attend such meetings with the bargaining unit member and the employer which are held during working hours. Upon the request of the bargaining unit member, the MEA representative may also attend such meeting(s). Should disciplinary action be likely to occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and be advised by the employer of the right to representation under this provision of the Agreement. No teacher When a request for such information is made, no action shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude taken with respect to the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 bargaining unit member until such representation of the Ohio Revised Code at any time whenHESPA, in MEA/NEA is present. However, the sole and exclusive discretion District shall not be required to unreasonable delay (more than two (2) business days) a meeting based upon the availability of the BoardHESPA, it is determined such action is warrantedMEA/NEA representatives.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules Article shall govern all suspensions and regulations adopted suspension procedures for Bargaining Unit members except for those infractions specified by law that require suspensions for specific acts.
B. Bargaining Unit members shall have the right to be represented by the Board Association on any matter related to this Article in their relationship with any management or supervisory personnel of Educationthe District. Such The Association shall only have the right to initiate a grievance under this article for the failure of the District to follow the procedures outlined in this Article.
C. Most situations involving employee discipline arise from misunderstandings or a lack of communication regarding contractual duties which should be settled promptly and satisfactorily on an informal level. Bargaining Unit members shall not be disciplined without just cause or disciplined for situations that are beyond the control of the Bargaining Unit member or of an emergency nature. All disciplinary action of the District shall be corrective and progressive. The District shall continue to enforce the provisions of this Article in an equitable manner.
D. Disciplinary action shall be imposed as followsemployed within fifteen (15) days of the time the supervisor knew, or reasonably should have known, of the incident and administered in accordance with the following:
Step 1. A scheduled oral conference shall be conducted with the Bargaining Unit member to discuss the action or inaction [“infraction(s)”] of the Bargaining Unit member.
Step 1 first offense – Verbal 2. Upon the occurrence of the next similar infraction(s) within a twelve (12) month period from the preceding similar infraction(s) at the same site, a second conference with the Bargaining Unit member shall be conducted. After the Bargaining Unit member is given an opportunity at this conference to respond orally to the infraction alleged, a written warning to the teacher in a conference with the principal.
2Bargaining Unit member may be issued. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The Any such written warning shall be initialed and dated by the teacherbased upon verified data. The initials Association shall not indicate agreement with the warning’s content, but show only the teacher has received be sent a copy of the written warning with the consent of the Bargaining Unit member. The written warning will not be placed in the member’s personnel file, and such member will have a right to attach a response to the written warning.
Step 3. Step 3 third offense – After a conference has been held by Upon the Superintendent with occurrence of the affected partiesnext similar infraction(s) within twelve (12) months of the preceding similar infraction(s) at the same site, a written reprimand may be issued to the Bargaining Unit member. Any such reprimand shall be based upon verified data. A copy of the reprimand shall be given to the Association and placed in the teacherBargaining Unit member’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. A. The Administration may take Where appropriate, principles of progressive discipline shall be followed. Not in every incident is progressive discipline appropriate and the circumstances of each offense must be taken into account. In those more serious incidents, the Superintendent or designee shall determine when the offense warrants some different response. Whenever the Superintendent or designee determines that an employee's conduct warrants a disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher resulting in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected partiessuspension or recommendation for termination, a written pre- disciplinary conference will be scheduled. In this meeting, the employee and the administrator/supervisor shall have the right to have a representative of his/her own choosing present. Employees may attach a letter of rebuttal to any letters of reprimand may that would be placed in the teacher’s their personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be Superintendent or his designee may suspend an employee for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days without pay and/or recommend to the Board of Education termination for incompetency, inefficiency, dishonesty, immoral conduct, illegal use of a controlled substance or drunkenness, neglect of duty, insubordination, violation of reasonable regulations of the teacher’s receiving written notification Board of Education or reasonable directions issued by the employee's supervisor, misconduct or failure to perform the requirements of the position. If the suspension or recommendation of termination is a possible suspension with result of the suspected use of alcohol, the employee will submit to appropriate testing procedures. Termination and disciplinary suspensions will be subject to appeal through the grievance procedure of this agreement. It is understood by both parties that regular status employees have recourse only through the grievance procedure and cannot and will not also pursue actions through civil or court proceedings. The arbitrator will allocate the arbitrators fees and expenses to that party which did not prevail. Notwithstanding the above, the employer may temporarily suspend an employee pending the disciplinary conference if his/her conduct or physical condition represents a threat to the safety, health, or welfare of the employee or other employees, the public or the operations of the system. Such temporary suspensions shall be without pay, unless the teacher employee is subsequently cleared of the charges; in which case, the employee shall be paid for all regular hours of compensation lost during the period of the temporary suspension. It is understood by the parties that employees in their initial probationary period may request a meeting be disciplined or terminated for any reason during their probationary period and shall not have appeal over such action. Unless serious in nature, the Superintendent or designee will not consider any prior disciplinary action taken against the employee that is more than 18 months before the board occurrence upon which the current disciplinary action is based. Cameras will not be used to evaluate employee work performance. Such evaluation will be based on other forms of education assessment and will only be used as support of personal observation. When an employee covered by this Agreement chooses to represent him/herself in executive session. The teacher and the board shall have presentation of a grievance, discipline action, or any other meeting that could impact the right to representation at CBA, the meeting.
D. The teacher outcome of the meeting(s) shall be notified consistent with the terms of his/her right to representation at each stepthis CBA.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 2 contracts
Samples: Negotiations Agreement, Negotiations Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action 11.1 Discipline shall be imposed as followson non-probationary employees only for just cause. The probationary period is defined in Section 12.2 of Article 12 - Seniority.
11.2 Unless the welfare of students, other district employees, and/or the district are adversely affected, and/or dependent upon the seriousness of the offense, discipline shall be progressive in nature consisting of the following: Recorded Verbal Reprimand Written Reprimand One-Day Suspension - without Pay Three-Day Suspension - without Pay Five-Day Suspension - without Pay Termination
11.3 Discipline less than dismissal will be undertaken for corrective purposes, and shall be administered by administrative personnel.
11.4 The Board shall not initiate any disciplinary action for any cause alleged to have arisen more than four (4) years preceding the date that the Board files the notice of disciplinary action. Disciplinary records which exceed twenty-four (24) months will not be used in future progressive discipline unless:
1A. There has been disciplinary action (except for recorded verbal reprimands) in the preceding twenty-four (24) months, or
B. The welfare of students, other district employees, and/or the district are adversely affected, and/or dependent upon the seriousness of the offense. Step 1 first offense – Verbal warning All timeframes in this section shall be stayed in the event a grievance is filed as a result of any disciplinary action administered under this employee discipline policy. The stay shall be lifted only at the conclusion of the grievance process, which may include Level Five arbitration. In the event an employee discipline grievance reaches Level Five arbitration, the stay shall be lifted on the day following the decision of the arbitrator.
11.5 When the Board seeks the imposition of a suspension, reduction, or termination, unless the welfare of students, other district employees, and/or the district are adversely affected, and/or dependent upon the seriousness of the offence, a notice shall be made in writing and served in person or by certified mail upon the employee a minimum of three (3) days prior to the teacher in a conference with at which the principal.
2. Step 2 second offense – The offense possible discipline shall be reduced to writing by the principal and copies given to the teacher and Superintendentdiscussed. The written warning notice shall be initialed contain:
A. The specific charge(s) against the employee which shall include times, dates, and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy location of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with chargeable action or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximumomissions.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may The discipline that might be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without payimposed.
C. Upon request A statement of the teacher and employee’s right to make use of the grievance procedure to dispute the charges and/or the imposed discipline.
D. The right to representation.
11.6 The administration shall provide the employee with a written decision within five (5) days following the above pre-disciplinary conference.
11.7 For purposes of this article, an employee who has received disciplinary action must file a grievance within seven (7) days after receipt of the teacheradministration’s receiving written notification of a possible suspension with or without paydecision. If the employee does not file the grievance within this seven (7) day limit, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right grievance is deemed to representation at the meetingbe waived.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is 11.8 Recorded verbal reprimands are not subject to the grievance procedure set forth in this Agreementprocedure. No teacher shall be reprimanded for disciplined without just causeWritten reprimands are subject only to Levels One and Two of the grievance procedure; they are not appealable to Level Four arbitration.
F. Nothing herein shall preclude 11.9 If the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 Superintendent/designee, at Level Two of the Ohio Revised Code grievance procedure, changes the disciplinary action on which the original grievance was based, the MSEA may modify the grievance to accommodate the change before proceeding to Level Three of the grievance procedure.
11.10 A disciplinary grievance may be settled at any time when, in following the sole and exclusive discretion service of notice of discipline. The terms of the Boardsettlement shall be reduced to writing. An employee offered such a settlement shall be granted three (3) days in which the MSEA President may review the proposed settlement before approving the settlement in writing.
11.11 Employees must exhaust the grievance procedure regarding disciplinary actions before pursuing other relief.
11.12 For the purpose of this article, it “days” shall be defined as is determined such action is warranted.stated in Section 3.2 of Article 3 -
Appears in 1 contract
Samples: Negotiated Agreement
Employee Discipline. A. The Administration 1. No employee shall be disciplined without just cause. Discipline may take progressive include, but is not limited to, warn- ing, reprimand, suspension, reduction in rank, and discharge. At no time will the Employer be required to follow any specified order of disciplinary mea- sures in any particular situation, unless otherwise provided herein. However, disciplinary action against will be fairly and uniformly applied. At any teacher time any such action is taken, written notice of the specified grounds forming the basis for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall will be imposed as follows:
1. Step 1 first offense – Verbal warning delivered to the teacher in a conference with employee and the principalAssociation.
2. Step 2 second offense – The offense An employee shall be reduced to writing represented by the principal and copies given Associa- tion during any meeting which reasonably could result in disciplinary action provided a request for such representation is made to the teacher and Superintendentemployee’s immediate supervisor prior to the commencement of any such meeting. The written warning shall be initialed and dated by Employer will give the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy employee as much advance notice as is possible of the written warningsuch meeting.
3. Step 3 third offense – After No such meeting will take place until an Association representative is available, provided the employee has requested such representation; however, in the event a conference request for such representation has been held made and the Association representative is not then presently available, the employee may be suspended pending such availability, but only in the event that the reason for the disciplinary meeting is related to conduct deemed irremediable by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel fileBoard.
4. Step 4 fourth offense – After a meeting before Any adverse action initiated by the Superintendent, Employer or its designee under the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length provisions of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall this Article must be reduced to writing and given writing, with a copy mailed to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and employee, within five twenty (520) working days of the teacher’s receiving written notification date the employer or its designee knew of the oc- xxxxxxxx which is the subject of the action, and a possible suspension with or without pay, copy mailed to the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meetingAssociation President.
D. The teacher shall be notified of 5. When an employee exceeds his/her right to representation at each step.allotted sick days, the District will take the following progres- sive steps: When completely out of sick days: 1st occurrence - Verbal warning 2nd occurrence - Written warning 3rd occurrence - Three day suspension 4th occurrence - Five day suspension 5th occurrence - Termination
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.a. Any approved leave;
F. Nothing herein shall preclude the Board b. Emergency Room/Hospital Stay of Employee or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time whenEmployee’s spouse, in the sole and exclusive discretion of the Board, it is determined such action is warranted.child or parent;
c. Worker’s Compensation;
d. Court Proceedings; or
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. Rules and regulations governing employee conduct shall be neither arbitrary nor capricious. NON-DISCRIMINATION - The Administration may take progressive disciplinary action Board shall not discriminate against any teacher employee for violation reason of race, creed, color, marital status, age, sex, or failure to comply with any provisions national origin. DUES DEDUCTION - An employee shall have the option of this contract payroll deduction for association dues. Payments may be in lump sum or any reasonable rules and regulations adopted installments. The Business Manager will need informed of the details. Authorization forms will be provided by the Board Association. MEETINGS, NOTICES AND GENERAL INFORMATION - The Association may be granted the right to the following:
a. The use of Educationschool buildings for meetings;
b. The use of employee mailboxes, inter-school mail and school bulletin boards for the purpose of internal communication;
c. The reasonable use of school equipment, e.g., computers and copiers;
d. The use will be approved by the administration. Such disciplinary action CHANGES OF SALARIES AND CONDITIONS - The salaries and conditions of employment as agreed to shall not be changed except by the negotiation process. If an employee informs the administration of impending retirement and if agreed upon by employee and administration, salary may be paid to the employee in a manner different from the negotiated agreement. NOTIFICATION OF ASSIGNMENT - All employees shall be imposed given notice of any changes to his or her specific assignments at the time the individual employment contracts are issued for the next school year. All employees shall be offered a contract that says “General Education Teacher” for the next school year, with the exception of Special Education which will be specified as follows“Special Education Teacher”. Teachers that are paid through Title Funds and Rural Education Assistance Program (REAP) will be contingent upon receiving federal funding. If assignment changes become necessary, the following procedure will be followed:
1. Step 1 first offense – Verbal warning to a. The employee will be notified at the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy earliest possible time of the written warning.
3. Step 3 third offense – After a conference has been held probable change by the Superintendent or his/her designee.
b. If the employee wishes to protest the assignment, he or she shall first speak about the probable change with the affected parties, a written reprimand may be placed in the teacher’s personnel fileSuperintendent.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. c. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension employee will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at a time on the meetingagenda of the next Board meeting to speak about the probable change before the change is made.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject d. If the employee agrees to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 change of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Boardassignment, it is determined such action not necessary to visit with the Superintendent or appear before the Board.
e. The reassignment will be recommended by the Superintendent to the Board for approval.
f. An employee may refuse the reassignment and resign within (10) days of notification of the new assignment, without liquidated damages or any other consequence.
g. The District maintains the right to assign duties to employees to positions for which the employee is warrantedcertified. If a reassignment is made after contracts are issued and prior to July 1st, the employee receives a $100 stipend. If employee is reassigned during the month of July, the employee shall receive a $200 stipend. If employee is reassigned thereafter, the employee shall receive a $500 stipend. VACANCY - If the Board determines that a certified position is vacant and open for advertisement, the Board will authorize the Superintendent to post the vacancy notification in appropriate vacancy publications and the local paper. Any employee who wishes to be considered for a vacancy may notify her or his intent to the Superintendent.
Appears in 1 contract
Samples: Negotiated Agreement
Employee Discipline. A. The Administration may take progressive A bargaining unit member shall be entitled to have present, a representative of the Association during any meeting which leads to disciplinary action. Should disci- plinary action against any teacher likely occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and be advised of the right to representation under this provision of the Agreement. (When a request for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such representation is made, no disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning taken with respect to the teacher in bargaining unit member until a conference with representative is present.) A bargaining unit member may choose which union representative is present provided it does not unreasonably delay the principalmeeting. Disciplinary action is not performance based.
2. Step 2 second offense – The offense B. Possible disciplinary consequences include, but shall not be reduced limited to writing by the principal and copies following: verbal warning written warning; copy given to the teacher employee and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the separate from verbal xxxxxx written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be ; copy placed in the teacheremployee’s personnel file, with duration of time to remain in file stated in letter referral to the EAP suspension with pay suspension without pay restitution docking dismissal The aforementioned disciplinary consequences shall not be construed to provide a hierarchy or progressive disciplinary system. Any of the consequences may be used at any time according to the severity of the incident or situation as determined by the Superintendent. Other than verbal warnings and written warnings, no disciplinary action shall occur until the employee and his/her representative shall have had an opportunity to meet with the Superintendent.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with C. No bargaining unit member shall be dismissed or suspended without pay for disciplinary purposesreasons without at least one (1) documented attempt by a supervisor (non-bargaining unit member) within a twelve (12) month period to correct the behavior. The length Exceptions to this may be made in the event of action on the part of the suspension employee that may violate criminal or civil law or that may result in the violation of the civil or human rights of any student or staff.
D. When SPEED administration determines that a disciplinary meeting is to be held, the affected employee shall be for up to five days maximum.
B. Upon the initiative informed of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may violation that is to be omitted and a teacher brought before discussed. Disciplinary decisions resulting from the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation meeting shall be reduced to writing and given presented to the teacher along with employee within a recommendation for a possible suspension with or without payreasonable amount of time.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take Employer agrees with the tenets of progressive disciplinary action against any teacher and corrective discipline and that for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action non-probationary employees it shall be imposed as followsonly for just cause. Probationary employees may be disciplined and discharged with or without cause and shall have no recourse to challenge disciplinary actions using the grievance procedures of this Agreement. Discipline may include the following steps, which are not exhaustive:
1. Step 1 first offense – Verbal (A) Oral warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy documentation of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed such filed in the teacher’s employee's personnel file.
4(B) Written reprimand with copy of such maintained in the employee's personnel file.
(C) Suspension without pay with documentation of such maintained in the employee's personnel file, with copy sent to Union office.
(D) Discharge with documentation of such maintained in the employee's personnel file, with copy sent to Union office. Step 4 fourth offense – After a meeting before the SuperintendentHowever, the Administration has Employer shall retain the right to suspend invoke discipline which it determines to be appropriate under the circumstances surrounding each individual incident giving rise to disciplinary action, provided just cause exists (for non-probationary employees). Therefore, the Employer may invoke either a teacher with suspension or discharge without pay for disciplinary purposes. The length oral warning or written reprimand should the seriousness of the offense warrant suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary actionor discharge without oral warning or written warning. Prior to any such suspensionactual imposition of a suspension without pay , the Administration employee will be afforded an opportunity to discuss his/her views concerning the conduct causing such disciplinary action with the Director. In the case of termination, the employee will be given the opportunity to discuss the matter with the Village Manager. Such discussion should take place as soon as practicable and not be unduly or unreasonably delayed, and the employee shall conduct an investigation be informed clearly and concisely of the incident or infraction(s) upon which any basis for such suspension will action. Written reprimands and oral reprimands shall not be based. The results used as basis for progressive discipline if there has been no reoccurrence of the investigation type or kind of conduct giving rise to the disciplinary action notice after a period of three (3) years. All disciplinary action (including verbal warnings if documented) shall be reduced to writing and signed by the employee as having been received by the employee, not that it is agreed to, with a copy given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right employee prior to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, placement in the sole and exclusive discretion of personnel file, unless the Board, it is determined such employee refuses to sign the disciplinary action is warrantedin which case the Employer shall so indicate on the disciplinary action that the employee has refused to sign it.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. 19.1 No bargaining unit member may be discharged or demoted without due process. In the event of unsatisfactory service, the following procedure will be followed: The supervisor shall conduct a conference with the employee. and the Association representative, if the employee so requests. The employee will be informed of:
A. The Administration may take progressive disciplinary action against any teacher deficiencies noted in their performance.
B. Suggestions on how the employee can improve.
C. The specified number of days given to correct the deficiencies.
D. Possible consequences for violation of or failure to comply with improve the deficiencies.
19.2 No written warning notice as above provided need be given in the event of alleged willful insubordination, commission of a criminal offense while on duty, intoxication or alcohol consumption while on duty, being under the influence or use of narcotics while on duty, or other flagrant misconduct. In such case the member may be suspended immediately until the misconduct is investigated and a decision made to retain, discharge, demote or otherwise discipline the member. If the member is cleared of the alleged misconduct, the member will be immediately reinstated without loss of pay or other benefits. If discharge or demotion is ordered, the date of discharge or demotion may be the date of suspension or such other later date as may be specified by the District.
19.3 Whenever a member is required to appear before the Superintendent or District Board concerning any provisions matter which would be a matter of this contract record and could adversely affect the continuation of their employment or any wages or increments pertaining thereto, then they will be:
A. Given prior notice in writing of the reasons for such meeting and
B. By the notice, advised of right to have a representative of the Association or legal counsel present to advise and represent their interests during such meeting or interview.
19.4 If a department head or other supervisor has reason to discipline an employee the head or supervisor will make reasonable rules and regulations adopted by efforts to impose such discipline in a manner that will not embarrass or humiliate the Board of Education. Such disciplinary action shall be imposed employee before other employees or the public.
19.5 Remedy under this Article is as follows:
A. Resort to the grievance procedure beginning at Step 3, Superintendent's hearing. Appeal from the Superintendent's decision shall be to the School Board for hearing pursuant to ORS 332.544 in lieu of binding arbitration as otherwise provided in the grievance procedure.
B. Hearing before the Board at a mutually acceptable time and date shall be in executive session or in public, whichever the employee shall choose.
C. Board procedures in hearing shall afford the employee the following minimum due process elements:
1. Step 1 first offense – Verbal warning to Notice in writing of the teacher in a conference with the principalcharges.
2. Step 2 second offense – The offense shall be reduced Right to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.counsel as above provided in 19.3-B.
3. Step 3 third offense – After a conference has been held by Opportunity to fully respond to the Superintendent with the affected partiescharges, a written reprimand may be placed to call witnesses in the teacher’s personnel filetheir behalf.
4. Step 4 fourth offense – After a meeting before To receive the SuperintendentBoard's decision in writing, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension which decision shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2final and binding on all parties, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of contain the Board, it is determined such action is warranted's findings of facts supporting its decision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline.
A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions No employee shall be disciplined without just cause. For the purpose of this contract Article, discipline shall include verbal and written reprimands or any reasonable rules warnings placed in the employee’s personnel file, suspension and regulations adopted by discharge.
B. An employee who is disciplined has the Board right to use the grievance procedure. In the case of Education. Such disciplinary action suspension without pay or discharge, the grievance shall be imposed as followsinitiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the case of discharge based upon unsatisfactory work performance of an employee with more than six (6) months of service, the arbitrator shall be limited to considering the following:
1. Step 1 first offense – Verbal warning to Was the teacher in a conference with the principal.employee warned?
2. Step 2 second offense – The offense shall be reduced Was the employee given an opportunity to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.improve?
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board An employee shall have the right to representation attach a written statement to any written warning or reprimand and have such statement placed in his/her personnel file.
D. An employee shall have the right to have a representative present at any meetings which the employee believes may result in discipline, except such right will not exist when the meeting is related solely to the evaluation of the employee’s work performance. Prior to such a meeting, the employee will be provided written notice of its purpose and the right to a representative present during the meeting.
D. The teacher E. Whenever practicable, discipline shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth administered in this Agreement. No teacher private and shall be reprimanded for disciplined progressive. Progressive discipline shall mean verbal warning, written warning (which may include placement on probation, including improvement expected), suspension without just causepay, and termination. The nature of the offense shall determine where progressive discipline is initiated.
F. Nothing herein If a complaint from a parent, co-worker, or other non-supervisory third party is used to support discipline, the employee shall preclude be given the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 name of the Ohio Revised Code at any time when, in the sole complainant and exclusive discretion copies of the Boardcomplaint or the supervisor’s documentation thereof.
G. Employees shall be expected to return from leave immediately upon expiration of leave. Failure to return from leave or being absent from work without any grant of leave for three (3) or more consecutive workdays shall be considered job abandonment, it and the employee will be terminated. If any employee is determined such action unable to report to work for circumstances beyond their control, they will be on unpaid leave until the situation is warrantedinvestigated and resolved.
H. The probationary period for newly hired employees will be six (6) calendar months. Termination of probationary employees shall not be subject to appeal.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline.
A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions No employee shall be disciplined without just cause. For the purpose of this contract Article, discipline shall include verbal and written reprimands or any reasonable rules warnings placed in the employee’s personnel file, suspension and regulations adopted by discharge.
B. An employee who is disciplined has the Board right to use the grievance procedure. In the case of Education. Such disciplinary action suspension without pay or discharge, the grievance shall be imposed as followsinitiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the case of discharge based upon unsatisfactory work performance of an employee with more than six (6) months of service, the arbitrator shall be limited to considering the following:
1. Step 1 first offense – Verbal warning to Was the teacher in a conference with the principal.employee warned?
2. Step 2 second offense – The offense shall be reduced Was the employee given an opportunity to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.improve?
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board An employee shall have the right to representation attach a written statement to any written warning or reprimand and have such statement placed in their personnel file.
D. An employee shall have the right to have a representative present at any meetings which the employee believes may result in discipline, except such right will not exist when the meeting is related solely to the evaluation of the employee’s work performance. Prior to such a meeting, the employee will be provided written notice of its purpose and the right to a representative present during the meeting.
D. The teacher E. Whenever practicable, discipline shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth administered in this Agreement. No teacher private and shall be reprimanded for disciplined progressive. Progressive discipline shall mean verbal warning, written warning (which may include placement on probation, including improvement expected), suspension without just causepay, and termination. The nature of the offense shall determine where progressive discipline is initiated.
F. Nothing herein If a complaint from a parent, co-worker, or other non-supervisory third party is used to support discipline, the employee shall preclude be given the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 name of the Ohio Revised Code at any time when, in the sole complainant and exclusive discretion copies of the Board, it is determined such action is warrantedcomplaint or the supervisor’s documentation thereof.
G. Employees shall be expected to return from leave immediately upon expiration of leave. Failure to return from leave or being absent from work without any grant of leave for three
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration City agrees with the tenets of progressive and corrective discipline. The City may discipline or discharge an employee for just cause. The guiding principle used by the City in imposing or awarding discipline is to provide the employee with notice of areas of improvement and to encourage the employee's effort to make such improvement. If an employee's conduct falls below a desirable standard, he shall be subject to disciplinary action. Disciplinary action may take progressive any of the following forms depending on the severity of the offense:
a) Oral reprimand (with written notation in the personnel file).
b) Written reprimand.
c) Suspension (maximum thirty (30) calendar days) without pay.
d) Dismissal. Disciplinary action may be imposed upon an employee only for just cause. An employee shall not be demoted for disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Educationreasons. Such disciplinary action Discipline shall be imposed as followssoon as possible after the Employer is aware of the event or action giving rise to the discipline and has a reasonable period of time to investigate the matter. In any event, the actual date upon which discipline commences may not exceed forty-five (45) days. Once the measure of discipline is determined and imposed, the City shall not increase it for the particular act of misconduct. If within one (1) year after imposition of an oral reprimand or within two and a half (2½) years after imposition of a written reprimand, there is no intervening discipline for the same cause, the oral or written reprimand shall be removed from an employee's personnel file. If an employee is suspended or discharged by the City, upon written request by the employee or Union President, with written consent of the employee, a disciplinary meeting may be held to discuss the discipline and the reasons thereof. This request shall be submitted in writing to the City Manager one business day following the suspension or discharge. The employee may have one Union Representative present at this meeting. If an employee wishes to challenge any notice of discipline, the grievance procedure contained in this Agreement shall be the exclusive remedy to make such challenge. This listing is not intended to include all possible items. Some general things an employee may be disciplined for are:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principalSubstance abuse.
2. Step 2 second offense – The offense shall be reduced Failure to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification follow orders of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meetingsupervisor.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. (a) The Administration company, in directing the working force, may take progressive exercise its right to invoke disciplinary action against any teacher measures for violation of or failure just cause, subject to comply with any provisions the terms and conditions of this contract agreement. In imposing discipline on a current charge, the company will not take into account any prior infraction, which occurred more than two (2) years previously. Departmental disciplinary files will be purged of all discipline that is over two (2) years old. The company will impose discipline up to and including discharge where an employee with two (2) years or any reasonable rules and regulations adopted by the Board less of Educationemployment has falsified either medical, or employment records. Such disciplinary action shall be imposed as follows:
1The Company will not impose discipline for such offenses two (2) years of employment. Step 1 first offense – Verbal warning An employee who is required to go to the teacher Human Resources Department or his supervisor's office to discuss some action on his part which will result in a conference with such employee being disciplined, shall have his union representative present during such discussion unless the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has employee declines the right to suspend have representation in the presence of his union representative. At the time an employee is to be interviewed for discipline or to be disciplined, such discipline will be issued in the privacy of an office. Upon being notified of his discharge, it shall be the duty of an employee to leave his department and go to the plant employment office. The chairperson or the alternate shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the employment 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 teacher brief written statement describing the misconduct for which the employee has been discharged. The office Chairperson will receive a copy. In the event an employee is discharged from employment and believes he has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided, under the terms of this agreement, that an injustice has been done the employee with or without pay regard to the discharge, the company agrees to reinstate him and to reimburse him for disciplinary the wages he would normally have earned for the time lost, less what the employee has earned in outside employment since his discharge, to the extent of the hours he would normally have worked for the company. These hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non-contributory Retirement Plan, and for vacation purposes. The length In case of any such discharge, the suspension company must receive a written grievance within four (4) normal working days and the case shall be for taken up promptly and diligent efforts made to five days maximum.
B. Upon dispose of it within three (3) additional working days. An extension to the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above four (4) normal working day time limit may be omitted granted by mutual agreement between the company and a teacher brought before the Superintendent directly union. In the event the company is notified as above regarding claim of wrongful discharge, the employee will be permitted to continue his protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve (12) months. If the employee is reinstated and the company is obliged to reimburse him for disciplinary actionlost. Prior earnings, he will also be reimbursed to the extent of contributions he made to any such suspensionplans up to the amount which normally has been paid by the company in his behalf. Should it be decided under this article in the case of a discharged employee that there was good cause for the discharge, or a discharged employee files a grievance requesting only a determination of eligibility for supplemental allowance (where the company has specified that the reason for the employee's discharge will result in his being ineligible to receive a supplemental allowance), the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board arbitrator shall have the right authority to representation at determine in the meeting.
D. The teacher shall be notified case of his/her right an employee eligible to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 retire under Section of Article I of the Ohio Revised Code at any time when, Non-Contributory Retirement Plan whether the cause for his discharge should result in the sole and exclusive discretion of the Board, it is determined his being ineligible to receive a supplemental allowance under such action is warrantedRetirement Plan.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration 1. No employee shall be disciplined without just cause. Discipline may take progressive include, but is not limited to, warning, reprimand, suspension, reduction in rank, and discharge. At no time will the Employer be required to follow any specified order of disciplinary measures in any particular situation, unless otherwise provided herein. However, disciplinary action against will be fairly and uniformly applied. At any teacher time any such action is taken, written notice of the specified grounds forming the basis for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall will be imposed as follows:
1. Step 1 first offense – Verbal warning delivered to the teacher in a conference with employee and the principalAssociation.
2. Step 2 second offense – The offense An employee shall be reduced to writing represented by the principal and copies given Association during any meeting which reasonably could result in disciplinary action provided a request for such representation is made to the teacher and Superintendentemployee’s immediate supervisor prior to the commencement of any such meeting. The written warning shall be initialed and dated by Employer will give the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy employee as much advance notice as is possible of the written warningsuch meeting.
3. Step 3 third offense – After No such meeting will take place until an Association representative is available, provided the employee has requested such representation; however, in the event a conference request for such representation has been held made and the Association representative is not then presently available, the employee may be suspended pending such availability, but only in the event that the reason for the disciplinary meeting is related to conduct deemed irremediable by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel fileBoard.
4. Step 4 fourth offense – After a meeting before Any adverse action initiated by the Superintendent, Employer or its designee under the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length provisions of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall this Article must be reduced to writing and given writing, with a copy mailed to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and employee, within five twenty (520) working days of the teacher’s receiving written notification date the employer or its designee knew of the occurrence which is the subject of the action, and a possible suspension with or without pay, copy mailed to the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meetingAssociation President.
D. The teacher shall be notified of 5. When an employee exceeds his/her right to representation at each step.allotted sick days, the District will take the following progressive steps: 1st occurrence - Verbal warning 2nd occurrence - Written warning When completely out of sick days: Exceptions: 3rd occurrence - Three day suspension 4th occurrence - Five day suspension 5th occurrence - Termination
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.a. Any approved leave;
F. Nothing herein shall preclude the Board b. Emergency Room/Hospital Stay of Employee or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time whenEmployee’s spouse, in the sole and exclusive discretion of the Board, it is determined such action is warranted.child or parent;
c. Worker’s Compensation;
d. Court Proceedings; or
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration Section 10.1 Disciplinary action is defined as a letter of reprimand, suspension, involuntary demotion, or dismissal. Disciplinary action may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendentupon an employee for cause. The written warning Employer shall be initialed and dated by make its decision regarding discipline as soon as possible after consideration of all facts involved in the teachermatter. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has Employer reserves the right to suspend any level of discipline that is for the good of the service.
a) If an employee is questioned about a teacher matter that he reasonably believes may result in disciplinary action as defined above, the Employee shall at his request be entitled to advice or assistance by a co-worker of their choice, who may be a local Association Rrepresentative. Arrangements for obtaining coworker advice or assistance will not delay the proceedings.
b) Before referring a matter to the Division Director which may result in the imposition of discipline, the Chief Administrative Officer or designee shall schedule a meeting with or without pay for disciplinary purposesthe Employee. The length Employee shall have the right to assistance and representation from a co-worker of his choice. The Employee shall be informed in writing of his rights to representation before the meeting begins. The Employee will be given at least three (3) days notice in advance of the suspension meeting to gather information and prepare for the meeting. Arrangements for obtaining coworker advice or assistance will not delay the proceedings. The purpose of the meeting is to inform the Employee what the allegations against him are and to allow the Employee an opportunity to respond. Failure of the Employee to attend will not prevent the Chief Executive or designee from referring the matter to the Division Director.
c) The Employer shall attempt to hold these meetings during the normal work time of the Employee. If this cannot be done the meetings should be before the Employee’s shift or immediately following his shift and shall be for up considered work time. The Employee will at no time withhold information pertaining to five days maximumthe issue at hand that could affect the operations of the State. Both parties agree all information exchanged shall be exchanged in accordance with applicable statutes, regulations and/or policies.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct d) During an investigation of an Employee, the incident or infraction(s) upon which any such suspension Employee will be based. The results notified by the Chief Administrative Officer, or their designee, of the progress of the investigation at least monthly.
Section 10.3 If an employee is suspended for more than five working days, demoted for cause, or dismissed, such employee shall be reduced have the right to writing and given appeal to the teacher along with a recommendation for a possible suspension with or without payAdministrative Hearing Commission.
C. Upon request Section 10.4 An employee, who is required to take any form of the teacher and within five truth verification test (5) days of the teacher’s receiving written notification of a possible suspension with or without paye.g. Polygraph, the teacher may request a meeting before the board of education in executive session. The teacher and the board CVSA, etc.), shall have the right to representation during all steps of the test and or questioning. The Representative may advise and assist the Employee. However, during the test the Representative will remain quiet and observe only. The test results shall not be the sole basis for disciplinary action against the Employee.
a) Employees under investigation should be informed of the outcome once the investigation is entirely complete.
b) If an investigation results in disciplinary action that is appealable to the Administrative Hearing Commission, the Employee being disciplined will upon the Employee/ Association’s written request and at the meetingexpense of the Employee/Association, be provided with a copy of any existing audio recording of their investigation interview. Such recording will be limited to only the interview(s) of the Employee being disciplined and will contain only the information directly related to the discipline. The recording will be provided to the employee within three (3) days of their request.
D. c) When the investigator and the individual being interviewed have a mutual agreement that the recording should be interrupted, paused, or stopped, the recording will be suspended until such time as both parties mutually agree that the recording should again proceed. Prior to the suspension of the recording, the investigator will state that the recording device is being stopped and the time the recording is being stopped. The teacher individual being interviewed will acknowledge their agreement or disagreement with the suspension of the recording. These statements shall be notified captured on the recording media. If the individual being interviewed does not agree to the suspension of his/her the recording, the recording device will continue to record. If the interview is suspended and later resumed, the investigator shall make a recorded statement of the date and time the recording device was reactivated and the interview resumed.
d) In the event that the appointing authority determines that the information on the tape may pose a threat to the safety or security of the Department’s operations, the provisions of this section may be waived and the tape will be withheld.
Section 10.6 In the event of an investigation or discipline by the appointing authority, the Employee may request advice and assistance from an approved Bargaining Unit Representative from the Missouri Corrections Officers Association office.
a) Employees shall have the right to representation prepare a defense for disciplinary actions, after receiving notice of the pre-disciplinary meeting, Employees may gather information from other employees at each stepthat time that might assist them in their defense, as long as they do not disrupt the operations of the institution.
E. Disciplinary action is subject b) At no time during this process shall an employee harass, coerce or threaten another employee to the grievance procedure set forth provide information or be involved in this Agreement. No teacher shall be reprimanded for disciplined without just causeprocess.
F. Nothing herein c) Employees shall preclude have the Board right to advice or Education from omitting assistance by a co-worker of their choice, who may be a local Association Representative, and to have them present during a pre-disciplinary meeting. Arrangements for obtaining co-worker advice or assistance will not unnecessarily delay the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warrantedproceedings.
Appears in 1 contract
Samples: Labor Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action No employee shall be imposed disciplined except for just cause. Discipline is defined as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may reprimand, suspension, or dismissal. Discipline will be placed done in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximumprivate.
B. Upon the initiative of the Superintendent, If a discussion with good cause shown, Steps 1, 2, and 3 above may be omitted and an employee’s supervisor or management representative could reasonably result in a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspensionaction being initiated, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension employee will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to a Union representative and will not be dissuaded from requesting representation. No further discussion will take place until the Union Delegate is provided the opportunity to be present. However, the unavailability of a Union Delegate will not cause the interview to be delayed for more than twenty-four (24) hours. Time limits may be extended if the parties are in agreement.
1. In the event of a reasonable suspicion drug/alcohol test, the employee will have the right to Union representation at and will not be dissuaded from requesting representation; however, testing will not be unduly delayed while waiting for the meetingUnion representative. At least thirty (30) minutes will be afforded for the Union representative’s arrival if representation is requested. The Union representative may accompany the employee to testing and remain present through the completion of testing.
C. Investigatory meetings, disciplinary actions (proposals and final actions), and notification of such shall be done in private in a manner which affords the employee reasonable protection from embarrassment before other employees and the public. If a supervisor has the need to criticize an employee regarding the employee’s conduct or work it will take place in private.
D. The teacher Any employee who is disciplined by written reprimand, suspension or is dismissed may request the representation of a Delegate or Union representative and will not be dissuaded from requesting representation. If a Delegate or Union representative is requested, there will be no further discussion with the employee until the Delegate or Union representative arrives. However, after twenty-four (24) hours have elapsed and either a Delegate or Union representative has not been found or has not arrived the manager/supervisor may continue with the disciplinary discussion. When scheduling disciplinary or investigatory meetings in advance, supervisors shall be notified inform employees of his/her right to representation at each stepthe disciplinary purpose of the meeting and when and where the meeting shall occur.
E. Disciplinary action An employee who is subject disciplined in any way shall receive a Notice of Contemplated Action prior to the grievance procedure set forth in this Agreementaction being taken. No teacher Except for gross misconduct, an employee shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude receive a Notice of Contemplated Action within thirty (30) calendar days after the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 employee’s line management learns of the Ohio Revised Code at any time whenmisconduct, in the sole and exclusive discretion of the Board, it is determined such action is warranted.however not to exceed twelve
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules Article shall govern all suspensions and regulations adopted suspension procedures for Bargaining Unit members except for those infractions specified by law that require suspensions for specific acts.
B. Bargaining Unit members shall have the right to be represented by the Board Association on any matter related to this Article in their relationship with any management or supervisory personnel of Educationthe District. Such The Association shall only have the right to initiate a grievance under this article for the failure of the District to follow the procedures outlined in this Article.
C. Most situations involving employee discipline arise from misunderstandings or a lack of communication regarding contractual duties which should be settled promptly and satisfactorily on an informal level. Bargaining Unit members shall not be disciplined without just cause or disciplined for situations that are beyond the control of the Bargaining Unit member or of an emergency nature. All disciplinary action of the District shall be corrective and progressive. The District shall continue to enforce the provisions of this Article in an equitable manner.
D. Disciplinary action shall be imposed as followsemployed within fifteen (15) days of the time the supervisor knew, or reasonably should have known, of the incident and administered in accordance with the following:
Step 1. A scheduled oral conference shall be conducted with the Bargaining Unit member to discuss the
Step 1 first offense – Verbal 2. Upon the occurrence of the next similar infraction(s) within a twelve (12) month period from the preceding similar infraction(s) at the same site, a second conference with the Bargaining Unit member shall be conducted. After the Bargaining Unit member is given an opportunity at this conference to respond orally to the infraction alleged, a written warning to the teacher in a conference with the principal.
2Bargaining Unit member may be issued. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The Any such written warning shall be initialed and dated by the teacherbased upon verified data. The initials Association shall not indicate agreement with the warning’s content, but show only the teacher has received be sent a copy of the written warning with the consent of the Bargaining Unit member. The written warning will not be placed in the member’s personnel file, and such member will have a right to attach a response to the written warning.
Step 3. Step 3 third offense – After a conference has been held by Upon the Superintendent with occurrence of the affected partiesnext similar infraction(s) within twelve (12) months of the preceding similar infraction(s) at the same site, a written reprimand may be issued to the Bargaining Unit member. Any such reprimand shall be based upon verified data. A copy of the reprimand shall be given to the Association and placed in the teacherBargaining Unit member’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules Article shall govern all suspensions and regulations adopted suspension procedures for Bargaining Unit members except for those infractions specified by law that require suspensions for specific acts.
B. Bargaining Unit members shall have the right to be represented by the Board Association on any matter related to this Article in their relationship with any management or supervisory personnel of Educationthe District. Such The Association shall only have the right to initiate a grievance under this article for the failure of the District to follow the procedures outlined in this Article.
C. Most situations involving employee discipline arise from misunderstandings or a lack of communication regarding contractual duties which should be settled promptly and satisfactorily on an informal level. Bargaining Unit members shall not be disciplined without just cause or disciplined for situations that are beyond the control of the Bargaining Unit member or of an emergency nature. All disciplinary action of the District shall be corrective and progressive. The District shall continue to enforce the provisions of this Article in an equitable manner.
D. Disciplinary action shall be imposed as followsemployed within fifteen (15) days of the time the supervisor knew, or reasonably should have known, of the incident and administered in accordance with the following:
Step 1. A scheduled oral conference shall be conducted with the Bargaining Unit member to discuss the action
Step 1 first offense – Verbal 2. Upon the occurrence of the next similar infraction(s) within a twelve (12) month period from the preceding similar infraction(s) at the same site, a second conference with the Bargaining Unit member shall be conducted. After the Bargaining Unit member is given an opportunity at this conference to respond orally to the infraction alleged, a written warning to the teacher in a conference with the principal.
2Bargaining Unit member may be issued. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The Any such written warning shall be initialed and dated by the teacherbased upon verified data. The initials Association shall not indicate agreement with the warning’s content, but show only the teacher has received be sent a copy of the written warning with the consent of the Bargaining Unit member. The written warning will not be placed in the member’s personnel file, and such member will have a right to attach a response to the written warning.
Step 3. Step 3 third offense – After a conference has been held by Upon the Superintendent with occurrence of the affected partiesnext similar infraction(s) within twelve (12) months of the preceding similar infraction(s) at the same site, a written reprimand may be issued to the Bargaining Unit member. Any such reprimand shall be based upon verified data. A copy of the reprimand shall be given to the Association and placed in the teacherBargaining Unit member’s personnel file.
Step 4. Step 4 fourth offense – After Suspension of a meeting before Bargaining Unit member may only be ordered upon the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length occurrence of the suspension next similar infraction(s) committed at the same site within twelve (12) months of the written warning. Any such suspensions shall be for up to five days maximum.
B. Upon the initiative based upon verified data. A copy of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such all suspension will be based. The results of the investigation orders shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without payAssociation and placed in the Bargaining Unit member’s personnel file. Subsequent similar infraction(s) within twelve (12) months of the previous similar infraction(s) shall be subject to additional suspensions.
C. Upon request E. Subject to the provisions of this paragraph, it is intended that the progressive steps outlined above be utilized in employee discipline. However, in the event that the nature or severity of the teacher infraction is such that the skipping of one or more steps as outlined in Section D is deemed necessary by the administrator, the administrator shall draft a memorandum specifying the nature of the infraction, the intended discipline and the Bargaining Unit member’s right to initiate a grievance at Level 2 under Article XI, Grievance Procedures, of this contract within five (5) days of notice of the teacher’s receiving written notification intended discipline. This memorandum will be shared at a conference with the Bargaining Unit member. The Bargaining Unit member will acknowledge receipt of a possible suspension the memorandum in writing. This memorandum will be forwarded immediately to the MTA and Certificated Human Resources Offices. The imposition of any discipline pursuant to this provision shall be stayed pending adjudication of the appeal. Should the grievance proceed to Xxxxx 0, the arbitrator shall determine whether the nature or severity of the infraction justifies accelerating the process outlined in Section D above. The reimbursable costs of the arbitrator shall be borne by the District. The remainder of the fees shall be paid in accordance with or Article XI, Section C8, Grievance Procedures.
F. Suspensions may be without pay, but shall not reduce or deprive the teacher may request a meeting before Bargaining Unit member of seniority or other rights or any fringe benefits. No initial suspension shall exceed five (5) working days in duration and no suspension period shall be carried over from one (1) school year to the board next. A second suspension shall not exceed ten (10) days.
G. No Bargaining Unit member shall receive more than one (1) penalty for any single action or infraction in this Article.
H. No Bargaining Unit member shall receive any other form of education discipline or penalty, which is not listed in executive session. The teacher sections above, without his/her prior consent and the board shall have concurrence of the right to representation at the meetingAssociation.
D. The teacher I. Whenever a Bargaining Unit member is given notice of any disciplinary action, he/she shall be notified given concurrent notice of his/her right to representation at each stepappeal the decision by a hearing before the Board for final determination prior to implementation of any disciplinary action. The Bargaining Unit member must request to appeal the decision before the Board on or before the first regularly scheduled Board meeting or ten days from the time of the incident, whichever comes later. Failure to appeal to the Board within this timeline forfeits the Bargaining Unit member’s right to appeal to the Board.
E. Disciplinary action is subject J. If, after having been disciplined, a Bargaining Unit member serves the District for twelve (12) months without the need for further disciplinary action, he/she and the Association may request a follow-up notice to that effect which shall also be attached to any original notice of suspension that has been placed in his/her personnel file.
K. All information and proceedings regarding any of the grievance procedure set forth in this Agreement. No teacher above actions or proposed actions shall be reprimanded for disciplined without just causekept confidential by management, the Bargaining Unit member and the Association.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration SECTION 8.1 All employees are expected to carry out their duties and assignments in accordance with Agency policies and procedures. Discipline shall be for just and reasonable cause.
SECTION 8.2 When a meeting is scheduled with an employee(s) in the bargaining unit for disciplinary purposes (e.g., verbal reprimand, written reprimand, suspension, discharge), the employee(s) will be advised in advance and allowed to have a representative of the Federation present.
SECTION 8.3 If Management deems it necessary to conduct an investigatory interview and there is a reasonable expectation that the results of such an interview may take progressive lead to disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendentemployee, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher employee shall be notified of such interview and advised of his/her right to representation at each stephave a union representative present. The employee, union representative, Federation President, PGO and Human Resources shall be provided with a copy of the report resulting from the investigatory interview. Management shall initiate an investigation as soon as reasonably practical upon learning of an offense, and shall conclude the investigation as soon as reasonably practical. Management may hold in abeyance any internal investigation if a concurrent criminal or outside administrative investigation is occurring or until conclusion of a judicial hearing.
E. Disciplinary SECTION 8.4 If action more severe than a written reprimand is subject being contemplated by the Agency, the Director of Human Resources, or designate, will schedule a hearing before a Hearing Officer with the employee to discuss the facts relating to the possible discipline. The employee will be advised of the hearing in advance and have the opportunity to have union representation. The employee and his representative shall be presented with the specific reasons for considering the recommended discipline not later than five (5) working days prior to the hearing. During the hearing, the employee, union representative and/or an agency representative shall be permitted to present, examine, and challenge any witnesses, documents and other evidence in the matter. Upon completion of the hearing, the Hearing Officer shall forward a recommendation to the Director of Human Resources, the employee, PGO and the Federation President. The Hearing Officer for each hearing shall be selected by the Director of Human Resources from a list agreed to by the Executive Director and the Federation. This list shall include the names of up to six (6) persons and may be changed by mutual agreement. Notice of such hearing shall be provided to the employee and PGO in the following form. TO: DATE: FROM: HUMAN RESOURCES RE: PRE-DISCIPLINARY HEARING You are hereby notified that a pre-disciplinary hearing concerning a charge brought against you will be held at time on date at location. Attached are the specific reasons for considering the recommended discipline. You have the right to be represented by a Union representative. You also have all other rights provided under Article 8 of the Agreement. cc: , Division Director , Department Director , Immediate Supervisor , Federation President , PGO
SECTION 8.5 The Executive Director shall make a final decision whether to impose discipline and the level of discipline to be imposed and shall notify the employee of same within fifteen (15) working days after the pre-disciplinary hearing. The PGO will have twenty (20) working days to file a grievance at the fourth step of the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 upon receipt of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warrantedExecutive Director's decision to impose a suspension or termination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take Section A - Misconduct
1. It is recognized by EOPA that the Employer has the right to establish honest and fair working requirements for its employees. EOPA further agrees with the Employer that the tenets of progressive disciplinary action against any teacher for violation of or failure and corrective discipline will be followed and be based upon reasonable grounds, with fair and honest reason, and in good faith. Every reasonable attempt will be made to comply with any provisions of this contract or any reasonable rules and regulations adopted by resolve the Board of Educationissue at the lowest appropriate level. Such disciplinary action shall be imposed as follows:
1for just cause to include, but not be limited to, the following progression. Step 1 first offense – Verbal warning ⚫ Documented Oral Reprimand that includes recommendations on how to correct the teacher in a conference with alleged deficiency ⚫ Written Reprimand that includes recommendations on how to correct the principal.alleged deficiency (see recommended form on the shared drive) ⚫ Suspension - not to exceed 3 work days ⚫ Suspension - not to exceed 10 work days ⚫ Discharge
2. Step 2 second offense – If the Employer has reason to discipline an employee after an oral reprimand, written notice of the specific grounds forming the basis for disciplinary action will be delivered to the employee. The offense EOPA President and Uniserv Director shall also be reduced to writing given notice, within 5 working days of receipt by the principal and copies given to Human Resources Department, of any written notice that will be placed in the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warningpersonnel file.
3. Step 3 third offense – After a conference has been held by EOPA and the Superintendent with the affected parties, a written reprimand may employee will be placed given notice two (2) work days before any meeting which reasonably could result in the teacher’s personnel file.
4disciplinary action. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has The employee will be given the right to suspend a teacher with or without pay for disciplinary purposesEOPA representation of their choice. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time whenIf, in the sole and exclusive discretion opinion of the BoardEmployer, it is determined the employee poses an immediate threat to the employer/employee relationship, i.e., insubordinate conduct or danger to the employee, the Employer or other personnel at the work site, the two (2) work day notice will be waived. In such action is warrantedcases, the EOPA President will be immediately notified.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions No employee shall be disciplined without just cause. For the purpose of this contract Article, discipline shall include verbal and written reprimands or any reasonable rules warnings placed in the employee’s personnel file, suspension and regulations adopted by discharge.
B. An employee who is disciplined has the Board right to use the grievance procedure. In the case of Education. Such disciplinary action suspension without pay or discharge, the grievance shall be imposed as followsinitiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the case of an employee with less than six (6) months of service, the decision rendered at the hearing shall be final. In the case of discharge based upon unsatisfactory work performance of an employee with more than six (6) months of service, the arbitrator shall be limited to considering the following:
1. Step 1 first offense – Verbal warning to Was the teacher in a conference with the principal.employee warned?
2. Step 2 second offense – The offense shall be reduced Was the employee given an opportunity to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.improve?
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board An employee shall have the right to representation attach a written statement to any written warning or reprimand and have such statement placed in his/her personnel file.
D. An employee shall have the right to have a representative present at any meetings which the employee believes may result in discipline, except such right will not exist when the meeting is related solely to the evaluation of the employee’s work performance. Prior to such a meeting, the employee will be provided written notice of its purpose and the right to a representative present during the meeting.
D. The teacher E. Whenever practicable, discipline shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth administered in this Agreement. No teacher private and shall be reprimanded for disciplined progressive. Progressive discipline shall mean verbal warning, written warning (which may include placement on probation), including improvement expected, suspension without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps pay, and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 termination. The nature of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it offense shall determine where progressive discipline is determined such action is warrantedinitiated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action A.) No employee shall be imposed as follows:
1disciplined, reprimanded, suspended, reduced in rank, or docked without cause. Step 1 first offense – Verbal warning to Only discipline resulting in discharge during the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with school term for cause or suspension without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within more than five (5) working days shall be subject to the arbitration provisions of the teacher’s receiving grievance procedure.
B.) The Board, the Superintendent or her/his designee (administrator), may progressively discipline an employee through oral reprimands, written notification of a possible suspension reprimands, suspensions with or without pay, reductions in rank, docking, or a change in assignment.
C.) The Board recognizes the teacher use of progressive discipline where appropriate provided that nothing in this Section shall require the Board or the Superintendent, or her/his designee, to exhaust any or all of the foregoing disciplinary actions when the action(s) of an employee necessitates immediate disciplinary action, or where the Board or the Superintendent, or her/his designee determines that progressive discipline is not warranted.
D.) An employee may request have a representative of the Association present at any meeting before the board of education which could result in executive sessiondisciplinary action, including investigatory meetings. The teacher and the board employee will be provided sufficient time to acquire a representative. The right to a representative shall not apply to evaluation conferences or informal, impromptu discussions regarding employee evaluation or observation.
E.) Any employee charged with misconduct, neglect, or violation, which may lead to his/her discipline suspension, demotion, or discharge shall have the right to representation at be represented by the meeting.
D. The teacher shall Association in any meeting conducted by the Administration with such employee regarding such charge. Prior to scheduling any such meeting or hearing, the employee will be notified given written notice of the nature of the charge and informed of his/her right to representation be represented by the Association at each stepsuch meeting not less than forty-eight (48) hours prior to the meeting when practical. Should less than forty-eight (48) hour notice be impractical, the employee shall be verbally notified by Administration of the reason for the meeting. However, nothing herein shall be construed to permit the employee to refuse to attend the subject meeting. Every attempt will be made to schedule the meeting at a time when all identified parties are available; however, the request to have a specific Association representative present at the meeting shall not delay the process.
E. Disciplinary action F.) When any employee is subject required to appear before the grievance procedure set forth Board, a Board committee, or a Board member concerning any matter which could adversely affect the continuation of that employee in this Agreement. No teacher their position of employment, the employee and Association President shall be reprimanded given reasonable prior written notice of the reasons for disciplined without just cause.
F. Nothing such meeting or interview and shall be entitled to have a representative of the Association present to advise and represent the member during such meetings or interviews. Reasonable prior written notice is understood to mean not less than three (3) workdays, except in case of emergency or where special circumstances, such as the need to post a Board meeting agenda or schedule a special Board meeting, exist necessitating less than three (3) workdays notice. In such situations, a verbal explanation for the reason for the meeting will be provided prior to notification of representation. However, nothing herein shall preclude be construed to permit the employees to refuse to attend said required appearance before the Board or Education from omitting Board committee.
G.) The Board acknowledges that no retaliation for participation in Association activities is allowed by the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of District Administration or the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. An Employee may be disciplined for reasons outlined in Section 124.34 of the Ohio Revised Code, or for other just and reasonable cause. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such parties agree that disciplinary action shall be imposed as follows:progressive and corrective. When and if it becomes necessary to reprimand an Employee the second time for a similar offense within a six (6) month period from such prior reprimand, the reprimand will be in writing. When and if it becomes necessary to reprimand the same individual for a similar offense within a one
(1) year period after the original reprimand, disciplinary action consisting of a suspension or dismissal may be taken, depending on the severity of the offense. Step 1 first offense – Verbal warning Notwithstanding the foregoing, when an Employee of the bargaining unit is guilty of incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, conflict of interest, neglect of duty, such individual shall be subject to immediate disciplinary action up to and including dismissal. When an Employee is to be disciplined, the teacher in a conference with the principal.
2. Step 2 second offense – The offense charges shall be reduced to writing by the principal and copies writing. The charges and/or intents to discipline shall be given to the teacher Employee and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(sUnion Representative within ten (10) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) work days of the teacher’s receiving written notification Employer's knowledge of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive sessionincident. The teacher and the board An Employee shall have the right to representation at appeal disciplinary action through the meeting.
D. The teacher shall be notified of his/her right grievance procedure. When it is necessary to representation at each step.
E. Disciplinary action is subject counsel an Employee, it shall, to the grievance procedure set forth extent feasible, be done in private, in a manner that will not cause embarrassment to the Employee. After twelve (12) continuous months of no discipline on the same activity, all notations of disciplinary action on the same activity shall not be used for purposes of discipline under this Agreement. No teacher Whenever practical, the County shall be reprimanded for disciplined without just causemake a good-faith effort to have a Union Representative present when taking disciplinary action against an Employee, excluding counseling sessions.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any 1. No tenured teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed disciplined without just cause. Discipline shall be defined as follows:
1written warnings (excluding evaluative documents related to classroom performance or management) and suspension with or without pay. Step 1 first offense – Verbal warning to Discipline shall be progressive in nature, depending on the teacher in a conference with severity of the principaloffense.
2. Step 2 second offense – The offense Before discipline is administered, employees shall be reduced notified of their right to writing representation. Any employee may have a representative at an investigative meeting if requested by that employee. If the action is remediable, and when written documents are placed in the personnel file, the employee shall be entitled to a meeting with the administrator/supervisor issuing the discipline. An Association representative shall be present if requested by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warningemployee.
3. Step 3 third offense – After The Superintendent may suspend a conference has been held by teacher with pay for just cause for a period not to exceed ten (10) working days. Prior to such suspension, the Superintendent shall meet with the affected partiesteacher to present the allegations, a identify the person (s) making the charge and give the teacher an opportunity to explain his/her position and to refute the charges. Prior to suspension the teacher will be told the dates and times the suspension will begin and end. A written reprimand may report of the suspension will be placed in the teacher’s 's personnel file and a copy provided to the teacher. Within five (5) working days of being notified of a suspension, the teacher shall be given a written notice of the suspension stating the reason (s) for the suspension, the duration of the suspension and the right to have a hearing in person before the Board. The teacher must notify the Board of Education in writing within five (5) work days of receiving the notice if she/he desires a hearing. At the hearing before the Board, the teacher shall have the right to Association representation and shall have the right to present the evidence. If the School Board determines that the suspension is invalid, the teacher shall return to his/her work assignment the next work day and all documentation of the suspension shall be expunged from the teacher's personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to The Board of Education may suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary actionjust cause. Prior to any such suspension, the Administration Board shall conduct provide the teacher an investigation opportunity for a hearing before the Board. At the hearing the allegations, evidence and identity of the incident or infraction(sperson(s) upon which any such suspension making the charge will be basedpresented. The results teacher will be provided the opportunity to explain her/his position and refute the charges at the hearing. The teacher shall have the right to Association representation, and shall have the right to present evidence at the hearing. The teacher shall be given written notice of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension stating whether it is with or without pay, the teacher may request a meeting before beginning and ending dates of the board of education in executive session. The teacher suspension and the board shall have reason(s) for the right suspension. If the Board determines that the suspension of the teacher is warranted, the Board may suspend the teacher for a period not to representation at exceed twenty (20) school days or until the next regular Board meeting.
D. 5. The parties agree that a decision by the Board to dismiss a tenured teacher for cause shall not be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in of this Agreement. No teacher shall be reprimanded for disciplined without just causeagreement.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules Article shall govern all suspensions and regulations adopted suspension procedures for Bargaining Unit members except for those infractions specified by law that require suspensions for specific acts.
B. Bargaining Unit members shall have the right to be represented by the Board Association on any matter related to this Article in their relationship with any management or supervisory personnel of Educationthe District. Such The Association shall only have the right to initiate a grievance under this article for the failure of the District to follow the procedures outlined in this Article.
C. Most situations involving employee discipline arise from misunderstandings or a lack of communication regarding contractual duties which should be settled promptly and satisfactorily on an informal level. Bargaining Unit members shall not be disciplined without just cause or disciplined for situations that are beyond the control of the Bargaining Unit member or of an emergency nature. All disciplinary action of the District shall be corrective and progressive. The District shall continue to enforce the provisions of this Article in an equitable manner.
D. Disciplinary action shall be imposed as followsemployed within fifteen (15) days of the time the supervisor knew, or reasonably should have known, of the incident and administered in accordance with the following:
Step 1. A scheduled oral conference shall be conducted with the Bargaining Unit member to discuss the action or inaction [“infraction(s)”] of the Bargaining Unit member.
Step 1 first offense – Verbal 2. Upon the occurrence of the next similar infraction(s) within a twelve (12) month period from the preceding similar infraction(s) at the same site, a second conference with the Bargaining Unit member shall be conducted. After the Bargaining Unit member is given an opportunity at this conference to respond orally to the infraction alleged, a written warning to the teacher in a conference with the principal.
2Bargaining Unit member may be issued. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The Any such written warning shall be initialed and dated by the teacherbased upon verified data. The initials Association shall not indicate agreement with the warning’s content, but show only the teacher has received be sent a copy of the written warning with the consent of the Bargaining Unit member. The written warning will not be placed in the member’s personnel file, and such member will have a right to attach a response to the written warning.
Step 3. Step 3 third offense – After a conference has been held by Upon the Superintendent with occurrence of the affected partiesnext similar infraction(s) within twelve (12) months of the preceding similar infraction(s) at the same site, a written reprimand may be issued to the Bargaining Unit member. Any such reprimand shall be based upon verified data. A copy of the reprimand shall be given to the Association and placed in the teacherBargaining Unit member’s personnel file.
Step 4. Step 4 fourth offense – After Suspension of a meeting before Bargaining Unit member may only be ordered upon the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length occurrence of the suspension next similar infraction(s) committed at the same site within twelve (12) months of the written warning. Any such suspensions shall be for up to five days maximum.
B. Upon the initiative based upon verified data. A copy of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such all suspension will be based. The results of the investigation orders shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without payAssociation and placed in the Bargaining Unit member’s personnel file. Subsequent similar infraction(s) within twelve (12) months of the previous similar infraction(s) shall be subject to additional suspensions.
C. Upon request E. Subject to the provisions of this paragraph, it is intended that the progressive steps outlined above be utilized in employee discipline. However, in the event that the nature or severity of the teacher infraction is such that the skipping of one or more steps as outlined in Section D is deemed necessary by the administrator, the administrator shall draft a memorandum specifying the nature of the infraction, the intended discipline and the Bargaining Unit member’s right to initiate a grievance at Level 2 under Article XI, Grievance Procedures, of this contract within five (5) days of notice of the teacher’s receiving written notification intended discipline. This memorandum will be shared at a conference with the Bargaining Unit member. The Bargaining Unit member will acknowledge receipt of a possible suspension the memorandum in writing. This memorandum will be forwarded immediately to the MTA and Certificated Human Resources Offices. The imposition of any discipline pursuant to this provision shall be stayed pending adjudication of the appeal. Should the grievance proceed to Xxxxx 0, the arbitrator shall determine whether the nature or severity of the infraction justifies accelerating the process outlined in Section D above. The reimbursable costs of the arbitrator shall be borne by the District. The remainder of the fees shall be paid in accordance with or Article XI, Section C8, Grievance Procedures.
F. Suspensions may be without pay, but shall not reduce or deprive the teacher may request a meeting before Bargaining Unit member of seniority or other rights or any fringe benefits. No initial suspension shall exceed five (5) working days in duration and no suspension period shall be carried over from one (1) school year to the board next. A second suspension shall not exceed ten (10) days.
G. No Bargaining Unit member shall receive more than one (1) penalty for any single action or infraction in this Article.
H. No Bargaining Unit member shall receive any other form of education discipline or penalty, which is not listed in executive session. The teacher sections above, without his/her prior consent and the board shall have concurrence of the right to representation at the meetingAssociation.
D. The teacher I. Whenever a Bargaining Unit member is given notice of any disciplinary action, he/she shall be notified given concurrent notice of his/her right to representation at each stepappeal the decision by a hearing before the Board for final determination prior to implementation of any disciplinary action. The Bargaining Unit member must request to appeal the decision before the Board on or before the first regularly scheduled Board meeting or ten days from the time of the incident, whichever comes later. Failure to appeal to the Board within this timeline forfeits the Bargaining Unit member’s right to appeal to the Board.
E. Disciplinary action is subject J. If, after having been disciplined, a Bargaining Unit member serves the District for twelve (12) months without the need for further disciplinary action, he/she and the Association may request a follow-up notice to that effect which shall also be attached to any original notice of suspension that has been placed in his/her personnel file.
K. All information and proceedings regarding any of the grievance procedure set forth in this Agreement. No teacher above actions or proposed actions shall be reprimanded for disciplined without just causekept confidential by management, the Bargaining Unit member and the Association.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration 1. No employee shall be disciplined without just cause. Discipline may take progressive include, but is not limited to, warn- ing, reprimand, suspension, reduction in rank, and discharge. At no time will the Employer be required to follow any specified order of disciplinary mea- sures in any particular situation, unless otherwise provided herein. However, disciplinary action against will be fairly and uniformly applied. At any teacher time any such action is taken, written notice of the specified grounds forming the basis for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall will be imposed as follows:
1. Step 1 first offense – Verbal warning delivered to the teacher in a conference with employee and the principalAssociation.
2. Step 2 second offense – The offense An employee shall be reduced to writing represented by the principal and copies given Associa- tion during any meeting which reasonably could result in disciplinary action provided a request for such representation is made to the teacher and Superintendentemployee’s immediate supervisor prior to the commencement of any such meeting. The written warning shall be initialed and dated by Employer will give the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy employee as much advance notice as is possible of the written warningsuch meeting.
3. Step 3 third offense – After No such meeting will take place until an Association representative is available, provided the employee has requested such representation; however, in the event a conference request for such representation has been held made and the Association representative is not then presently available, the employee may be suspended pending such availability, but only in the event that the reason for the disciplinary meeting is related to conduct deemed irremediable by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel fileBoard.
4. Step 4 fourth offense – After a meeting before Any adverse action initiated by the Superintendent, Employer or its designee under the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length provisions of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall this Article must be reduced to writing and given writing, with a copy mailed to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and employee, within five twenty (520) working days of the teacher’s receiving written notification date the employer or its designee knew of the oc- xxxxxxxx which is the subject of the action, and a possible suspension with or without pay, copy mailed to the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meetingAssociation President.
D. The teacher shall be notified of 5. When an employee exceeds his/her right to representation at each step.allotted sick days, the District will take the following progres- sive steps: When completely out of sick days: 1st occurrence - Verbal warning 2nd occurrence - Written warning 3rd occurrence - Three day suspension 4th occurrence - Five day suspension 5th occurrence - Termination Exceptions:
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.a. Any approved leave;
F. Nothing herein shall preclude the Board b. Emergency Room/Hospital Stay of Employee or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time whenEmployee’s spouse, in the sole and exclusive discretion of the Board, it is determined such action is warranted.child or parent;
c. Worker’s Compensation;
d. Court Proceedings; or
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. Section 1. 172 The Administration Company, in directing the working force, may exercise its right to invoke disciplinary measures for good cause, subject to the terms and conditions of this Contract. In imposing discipline on a current charge, the Company will not take progressive into account any prior infractions which occurred more than two (2) years previously, nor impose discipline on an employee for falsification on his employment application after a period of eighteen (18) months from his date of hire. Records of disciplinary action against taken more than two (2) years in the past shall be removed from an employee's departmental file only upon the transfer or discipline of the employee.
Section 2. 173 Disciplinary measures include reprimand, suspension and discharge.
Section 3. 174 Reasonable disciplinary measures may be invoked for the purpose of maintaining efficiency, safe practices and discipline and for directing, leading, causing or participating in any teacher for interference with or interruption of production in violation of or failure to comply with any provisions of this contract or any reasonable rules Contract and regulations adopted by the Board of Education. Such disciplinary action shall be deemed to be imposed as follows:for good cause.
1Section 4. Step 1 175 (a) Upon being notified of his suspension or discharge, it shall be the duty of a first offense – Verbal warning shift employee to leave his department without delay and go to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and SuperintendentPlant Human Resources Department. The written warning shall be initialed employee's Xxxxxxx and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy Chairman of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension Grievance Committee will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right such disciplinary action immediately after the employee has been notified of his suspension or discharge. An employee suspended or discharged for tardiness or absenteeism, however, will not be required to representation at each step.
E. Disciplinary leave the Plant until the completion of any review hearing requested by the Local Union or employee. In no event, however, will the effective date of the disciplinary action imposed in cases of absenteeism or tardiness be deferred beyond the next regularly scheduled workday following the date on which the disciplinary action was taken. 176 (b) If the notification occurs outside of regular business hours, that is subject on second or third shift, the employee shall report to the grievance procedure set forth in this AgreementPlant Human Resources Department during the next working day unless prevented from doing so for reasons beyond his control. No teacher shall In cases where the employee is notified of his suspension or discharge outside of regular business hours, a representative designated by the Local Union will be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude notified immediately after the Board notice of suspension or Education from omitting discharge and will be given an opportunity to hear the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 employee's statement of position. The Chairman of the Ohio Revised Code at Grievance Committee will be notified the following day. An employee suspended or discharged for tardiness or absenteeism, however, will not be required to leave the Plant until the completion of any time whenreview hearing requested by the Local Union or employee. In no event, in however, will the sole and exclusive discretion effective date of the Board, it is determined such disciplinary action is warrantedimposed in cases of absenteeism or tardiness be deferred beyond the next regularly scheduled workday following the date on which the disciplinary action was taken.
Appears in 1 contract
Samples: Labor Contract
Employee Discipline. A. (a) The Administration company, in directing the working force, may take progressive exercise its right to invoke disciplinary action against any teacher measures for violation of or failure just cause, subject to comply with any provisions the terms and conditions of this contract agreement. In imposing discipline on a current charge, the company will not take into account any prior infraction, which occurred more than two (2) years previously. Departmental disciplinary files will be purged of all discipline that is over two (2) years old. The company will impose discipline up to and including discharge where an employee with two (2) years or any reasonable rules and regulations adopted by the Board less of Educationemployment has falsified either medical, or employment records. Such disciplinary action shall be imposed as follows:
1The Company will not impose discipline for such offenses after two (2) years of employment. Step 1 first offense – Verbal warning An employee who is required to go to the teacher Human Resources Department or his supervisor's office to discuss some action on his part which will result in a conference with such employee being disciplined, shall have his union representative present during such discussion unless the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has employee declines the right to suspend have representation in the presence of his union representative. At the time an employee is to be interviewed for discipline or to be disciplined, such discipline will be issued in the privacy of an office. Upon being notified of his discharge, it shall be the duty of an employee to leave his department and go to the plant employment office. The chairperson or the alternate shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the 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 teacher brief written statement describing the misconduct for which the employee has been discharged. The office Chairperson will receive a copy. In the event an employee is discharged from employment and believes he has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided, under the terms of this agreement, that an injustice has been done the employee with or without pay regard to the discharge, the company agrees to reinstate him and to reimburse him for disciplinary the wages he would normally have earned for the time lost, less what the employee has earned in outside employment since his discharge, to the extent of the hours he would normally have worked for the company. These hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non-Contributory Retirement Plan, and for vacation purposes. The length In case of any such discharge, the suspension company must receive a written grievance within four (4) normal working days and the case shall be for taken up promptly and diligent efforts made to five days maximum.
B. Upon dispose of it within three (3) additional working days. An extension to the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above four (4) normal working day time limit may be omitted granted by mutual agreement between the company and a teacher brought before the Superintendent directly union. In the event the company is notified as above regarding claim of wrongful discharge, the employee will be permitted to continue his protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve (12) months. If the employee is reinstated and the company is obliged to reimburse him for disciplinary action. Prior lost earnings, he will also be reimbursed to the extent of contributions he made to any such suspensionplans up to the amount which normally has been paid by the company in his behalf. Should it be decided under this article in the case of a discharged employee that there was good cause for the discharge, or a discharged employee files a grievance requesting only a determination of eligibility for supplemental allowance (where the company has specified that the reason for the employee's discharge will result in his being ineligible to receive a supplemental allowance), the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board arbitrator shall have the right authority to representation at determine in the meeting.
D. The teacher shall be notified case of his/her right an employee eligible to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 retire under Section of Article I of the Ohio Revised Code at any time when, Non-contributory Retirement Plan whether the cause for his discharge should result in the sole and exclusive discretion of the Board, it is determined his being ineligible to receive a supplemental allowance under such action is warrantedRetirement Plan.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education1. Such disciplinary action No tenured Certified Staff member shall be imposed as follows:
1reduced in pay, issued a written reprimand, issued a written warning notice, or suspended without pay without just cause. Step 1 first offense – Verbal warning Terminations of teachers shall not be grievable but shall be pursuant to 24-11 and 24-12 of the teacher in a conference with the principalSchool Code (105 ILCS 5/24- 11 and 105 ILCS 5/24-12).
2. Step 2 second offense – The offense No Support Staff member shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s contentdisciplined, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected partiessuspended, nor issued a written reprimand may without just cause. Non-probationary Support Staff members shall not be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined terminated without just cause.
F. Nothing herein 3. It shall preclude be the Board responsibility of the Administration to promptly inform an employee of deficiencies in his or Education from omitting the foregoing steps and procedures and instituting termination proceedings her work-related conduct. An employee shall be entitled to Association representation in all meetings, either investigatory or disciplinary, which could lead to discipline, except for required conferences pursuant to Sections 3319.16 Article V.C. and 3319.161 D.
a. It is solely the employee’s responsibility to determine the need for and request Association representation.
b. If the employee chooses Association representation not employed by the District, the District must be notified no less than 24 hours prior to the meeting. Such meeting shall be held at the District Office.
4. The Board and the Administration shall follow the practice of progressive discipline particularly for remediable offenses. When a deficiency in work-related conduct is substantiated, the Ohio Revised Code at any time when, supervisor shall document the deficiency for the employee in writing. A copy shall be placed in the sole personnel file. The document shall specify the conditions for its removal. The employee shall have the right, and exclusive discretion is encouraged to respond in writing within 10 school days of receiving the Boardwritten documentation.
5. This section shall not apply to the placement of a teacher on a remediation plan pursuant to the evaluation plan, it is determined such action is warrantedArticle V., or to ratings and comments contained in a teacher’s evaluation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take Employer agrees with the tenets of progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action corrective discipline and that it shall be imposed as followsonly for just cause (probationary employees without cause). Discipline may include the following steps, which are not exhaustive:
1. Step 1 first offense – Verbal (A) Oral warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy documentation of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed such filed in the teacher’s employee's personnel file.
4(B) Written reprimand with copy of such maintained in the employee's personnel file.
(C) Suspension without pay with documentation of such maintained in the employee's personnel file.
(D) Discharge with documentation of such maintained in the employee's personnel file. Step 4 fourth offense – After a meeting before the SuperintendentHowever, the Administration has Employer shall retain the right to suspend invoke discipline which it determines to be appropriate under the circumstances surrounding each individual incident giving rise to disciplinary action, provided just cause exists (except for probationary employees). Therefore, the Employer may invoke either a teacher with suspension or discharge without pay for disciplinary purposes. The length oral warning or written reprimand should the seriousness of the offense warrant suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary actionor discharge without oral warning or written warning. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification actual imposition of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right employee will be afforded an opportunity to representation at the meeting.
D. The teacher shall be notified of discuss his/her right views concerning the conduct causing such disciplinary action with the Director of Public Works. In the case of termination, the employee will be given the opportunity to representation at each step.
E. Disciplinary discuss the matter with the Village Administrator. Such discussion should take place as soon as practicable and not be unduly or unreasonably delayed, and the employee shall be informed clearly and concisely of the basis for such action. All disciplinary action (including verbal warnings if documented) shall be signed by the employee as having been received by the employee, not that it is subject agreed to, with a copy given to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant employee prior to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, placement in the sole and exclusive discretion of personnel file, unless the Board, it is determined such employee refuses to sign the disciplinary action is warrantedin which case the Employer shall so indicate on the disciplinary action that the employee has refused to sign it.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive A bargaining unit member shall be entitled to have present, a representative of the Association during any meeting which leads to disciplinary action. Should disci- plinary action against any teacher likely occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and be advised of the right to representation under this provision of the Agreement. (When a request for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such representation is made, no disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning taken with respect to the teacher in bargaining unit member until a conference with representative is present.) A bargaining unit member may choose which union representative is present provided it does not unreasonably delay the principalmeeting. Disciplinary action is not performance based.
2. Step 2 second offense – The offense B. Possible disciplinary consequences include, but shall not be reduced limited to writing by the principal and copies following: verbal warning written warning; copy given to the teacher employee and Superintendent. The written separate from verbal warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be ; copy placed in the teacheremployee’s personnel file, with duration of time to remain in file stated in letter referral to the EAP suspension with pay suspension without pay restitution docking dismissal The aforementioned disciplinary consequences shall not be construed to provide a hierarchy or progressive disciplinary system. Any of the consequences may be used at any time according to the severity of the incident or situation as determined by the Superintendent. Other than verbal warnings and written warnings, no disciplinary action shall occur until the employee and his/her representative shall have had an opportunity to meet with the Superintendent.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with C. No bargaining unit member shall be dismissed or suspended without pay for disciplinary purposesreasons without at least one (1) documented attempt by a supervisor (non-bargaining unit member) within a twelve (12) month period to correct the behavior. The length Exceptions to this may be made in the event of action on the part of the suspension employee that may violate criminal or civil law or that may result in the violation of the civil or human rights of any student or staff.
D. When SPEED administration determines that a disciplinary meeting is to be held, the affected employee shall be for up to five days maximum.
B. Upon the initiative informed of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may violation that is to be omitted and a teacher brought before discussed. Disciplinary decisions resulting from the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation meeting shall be reduced to writing and given presented to the teacher along with a recommendation for a possible suspension with or without payemployee within ten (10) school days.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration Where appropriate, principles of progressive discipline shall be followed. Not in every incident is progressive discipline appropriate and the circumstances of each offense must be taken into account. In those more serious incidents, the Superintendent or designee shall determine when the offense warrants some different response and may take dispense with progressive discipline steps. Whenever the Superintendent or designee determines that an employee's conduct warrants a disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher resulting in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected partiessuspension or recommendation for termination, a written reprimand may pre- disciplinary conference will be placed in the teacher’s personnel file.
4scheduled. Step 4 fourth offense – After a meeting before the SuperintendentIn this meeting, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher employee and the board administrator/supervisor shall have the right to representation at the meeting.
D. The teacher shall be notified have a representative of his/her right own choosing present. Employees may attach a letter of rebuttal to representation at each step.
E. Disciplinary action any letters of reprimand that would be placed in their personnel file. The Superintendent or his designee may suspend an employee for up to ten (10) days without pay and/or recommend to the Board of Education termination for incompetency, inefficiency, dishonesty, immoral conduct, illegal use of a controlled substance or drunkenness, neglect of duty, insubordination, violation of reasonable regulations of the Board of Education or reasonable directions issued by the employee's supervisor, misconduct, or failure to perform the requirements of the position. If the suspension or recommendation of termination is a result of the suspected use of alcohol, the employee will submit to appropriate testing procedures. Termination and disciplinary suspensions will be subject to appeal through the grievance procedure set forth in of this Agreementagreement. No teacher It is understood by both parties that regular status employees have recourse only through the grievance procedure and cannot and will not also pursue actions through civil or court proceedings. The arbitrator will allocate the arbitrators fees and expenses to that party which did not prevail. Notwithstanding the above, the employer may temporarily suspend an employee pending the disciplinary conference if his/her conduct or physical condition represents a threat to the safety, health, or welfare of the employee or other employees, the public, or the operations of the system. Such temporary suspensions shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude pay, unless the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 employee is subsequently cleared of the Ohio Revised Code at charges; in which case, the employee shall be paid for all regular hours of compensation lost during the period of the temporary suspension. It is understood by the parties that employees in their initial probationary period may be disciplined or terminated for any time whenreason during their probationary period and shall not have appeal over such action through the grievance procedure or by civil action under any applicable law. Unless serious in nature, the Superintendent or designee will not consider any prior disciplinary action taken against the employee that is more than two-years before the occurrence upon which the current disciplinary action is based. When an employee covered by this Agreement chooses to represent him/herself in the sole and exclusive discretion presentation of a grievance, discipline action, or any other meeting that could impact the CBA, the outcome of the Board, it is determined such action is warrantedmeeting(s) shall be consistent with the terms of this CBA.
Appears in 1 contract
Samples: Negotiated Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:Just Cause
1. Step 1 first offense – Verbal warning Prior to an employee receiving disciplinary action, the teacher in employee shall have a conference with reasonable opportunity to correct and improve problems related to their overall job performance or conduct. Severe acts of misconduct may warrant circumventing the principalestablished procedure.
2. Step 2 second offense – The offense Disciplinary action shall be reduced to writing governed by the principal applicable statutes and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warningregulations.
3. Step 3 third offense – After a conference has been held by Disciplinary action shall include written reprimands, suspensions without pay, performance related reductions in rank, terminations of regular employees, or the non- reappointment of employees who have tenure.
4. Before the Superintendent with makes a recommendation to the Board for suspension without pay, performance related reductions in rank, or termination, the affected partiesemployee shall be given seven (7) days written notice.
5. Any conference or hearing with an employee regarding dismissal, non-renewal, suspension, demotion, or other discipline shall be conducted in a written reprimand may manner so as not to abrogate the employee’s right according to law and the provisions of this Agreement.
B. Representation Employees shall be granted the right to representation as required by Section 447.301, Florida Statutes, and the court decisions interpreting that section. An employee requesting this right shall be entitled to; (1) Union representation provided the employee is a Union member; (2) Other representation as provided by law if not a Union member. Where the employee requests Union representation, such requests shall not delay the investigative process more than twenty-four (24) hours unless mutually agreed. If material relating to work performance, discipline, suspension or dismissal is placed in an employee's personnel file, and the employee chooses to respond in writing to such material, the employee's response shall be attached to such material. Documents included in an employee's personnel file can only be removed in compliance with Florida Statutes. Employees shall be notified of all meetings that could lead to disciplinary action 24 hours in advance, except in cases of emergency. Such notice shall include the purpose of the meeting. It is the expectation that all professional interactions shall not be demeaning or disparaging in the presence of students, parents, or other employees. Anonymous Sources: No employee shall have disciplinary action taken against them on the strength of unsubstantiated accusations based on anonymous sources. No anonymous letter or anonymous materials shall be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. a. The Administration Agency retains the right to equitably discipline employees for just cause. Disciplinary actions shall be progressive and, when possible, shall be in private, and shall be treated confidentially. Disciplinary measures shall ordinarily be invoked in the order listed: verbal warning; written reprimand; suspension; termination. Irrespective of the principles of progressive discipline, intoxication, substance abuse, dishonesty, physical violence, and gross disobedience are just cause for immediate termination.
b. Employees may take progressive respond in writing to any written reprimand and have such responses placed in their personnel files.
c. Employees may elect to bring a Union representative to any investigatory meeting to which they are called. With consent of the affected employee, a copy of all proceeding records generated in the disciplinary conference shall be forwarded to the Union within three (3) days of the date such action against any teacher was taken. When practical, a prior notice of investigatory meeting(s) shall be provided to the employee. When a request for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such representation is made no disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in taken until a conference representative can be present with the principal.
exception of administrative leave with pay. Representation can occur by teleconference. If a representative is not available within two (2. Step 2 second offense – The offense shall be reduced to writing by ) days, the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand investigatory meeting may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or held without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to Union representation at the meetingAgency’s discretion.
D. d. The teacher shall Agency will, before finalizing any disciplinary action, make every effort to discover whether or not the employee did in fact violate this agreement, a rule or directive of management. The specific allegation(s) must be notified of his/her right cited and the employee must be given an opportunity to representation at each steprespond.
E. Disciplinary e. The Agency agrees to administer disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just causeand discharge equitably.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant f. The Agency agrees to Sections 3319.16 and 3319.161 of the Ohio Revised Code at explore various alternatives available for disciplinary action prior to terminating any time when, in the sole and exclusive discretion of the Board, it is determined such action is warrantedemployee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration 7.1 Following an expeditious investigation, a member of the bargaining unit may take progressive disciplinary action against be disciplined, demoted, suspended or removed for just cause, which shall include incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any teacher for violation other act of misfeasance, malfeasance, or failure nonfeasance in office or any other reason set forth in R.C. 124.34 124.34. Once an investigation is completed and prior to a hearing, the Union and University shall exchange a copy of all materials related to the matter including, but not limited to, police reports, statements of complaint, or any other documentation that may be related to employee discipline. Documents which are not exchanged at least two (2) days in advance of a hearing may not be entered at the hearing. At the request by either party, the hearing may be postponed to comply with any provisions this requirement.
7.2 Corrective action is normally progressive in nature; that is, repetitions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such causes for disciplinary action should lead to progressive responses of reprimand, suspension, removal. It is expected that most cases will be disposed of by an informal verbal warning without formal disciplinary action; such verbal warning shall not be imposed as follows:
1recorded in the bargaining unit member's official personnel file. Step 1 first offense – Verbal warning to However, the teacher in a conference with the principal.
2seriousness of certain offenses justifies severe initial disciplinary action, including removal. Step 2 second offense – The offense Reprimands shall be reduced to writing by the principal and with copies given provided to the teacher bargaining unit member, the Union and Superintendentto the employee's official personnel file. The written warning shall A bargaining unit member will be initialed notified that disciplinary action materials are being inserted into his/her official personnel file, and dated by that copies of said materials will be forwarded to the teacher. The initials shall not indicate agreement with YSU-ACE President, unless the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, bargaining unit member forwards a written reprimand may request to the contrary. Such request must be placed received in the teacher’s Human Resources Office no later than ten (10) working days from the date the materials were inserted in the official personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions No employee shall be disciplined without just cause. For the purpose of this contract Article, discipline shall include verbal and written reprimands or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be warnings placed in the teacheremployee’s personnel file, suspension and discharge.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration B. An employee who is disciplined has the right to suspend a teacher with or use the grievance procedure. In the case of suspension without pay for disciplinary purposes. The length of or discharge, the suspension grievance shall be for up to five days maximum.
B. Upon initiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the initiative case of the Superintendent, discharge based upon unsatisfactory work performance of an employee with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspensionmore than six (6) months of service, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation arbitrator shall be reduced limited to writing and considering the following: Was the employee warned? Was the employee given an opportunity to the teacher along with a recommendation for a possible suspension with or without pay.improve?
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board An employee shall have the right to representation at the meetingattach a written statement to any written warning or reprimand and have such statement placed in his/her personnel file.
D. The teacher An employee shall have the right to have a representative present at any meetings which the employee believes may result in discipline, except such right will not exist when the meeting is related solely to the evaluation of the employee’s work performance. Prior to such a meeting, the employee will be provided written notice of its purpose and the right to a representative present during the meeting. Whenever practicable, discipline shall be notified administered in private and shall be progressive. Progressive discipline shall mean verbal warning, written warning (which may include placement on probation, including improvement expected), suspension without pay, and termination. The nature of his/her right the offense shall determine where progressive discipline is initiated. If a complaint from a parent, co-worker, or other non-supervisory third party is used to representation at each step.
E. Disciplinary action support discipline, the employee shall be given the name of the complainant and copies of the complaint or the supervisor’s documentation thereof. Employees shall be expected to return from leave immediately upon expiration of leave. Failure to return from leave or being absent from work without any grant of leave for three (3) or more consecutive workdays shall be considered job abandonment, and the employee will be terminated. If any employee is unable to report to work for circumstances beyond their control, they will be on unpaid leave until the situation is investigated and resolved. The probationary period for newly hired employees will be six (6) calendar months. Termination of probationary employees shall not be subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just causeappeal.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration 1. No employee shall be disciplined without just cause. Discipline may take progressive include, but is not limited to, warning, reprimand, suspension, reduction in rank, and discharge. At no time will the Employer be required to follow any specified order of disciplinary measures in any particular situation, unless otherwise provided herein. However, disciplinary action against will be fairly and uniformly applied. At any teacher time any such action is taken, written notice of the specified grounds forming the basis for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall will be imposed as follows:
1. Step 1 first offense – Verbal warning delivered to the teacher in a conference with employee and the principalAssociation.
2. Step 2 second offense – The offense An employee shall be reduced to writing represented by the principal and copies given Association during any meeting which reasonably could result in disciplinary action provided a request for such representation is made to the teacher and Superintendentemployee’s immediate supervisor prior to the commencement of any such meeting. The written warning shall be initialed and dated by Employer will give the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy employee as much advance notice as is possible of the written warningsuch meeting.
3. Step 3 third offense – After No such meeting will take place until an Association representative is available, provided the employee has requested such representation; however, in the event a conference request for such representation has been held made and the Association representative is not then presently available, the employee may be suspended pending such availability, but only in the event that the reason for the disciplinary meeting is related to conduct deemed irremediable by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel fileBoard.
4. Step 4 fourth offense – After a meeting before Any adverse action initiated by the Superintendent, Employer or its designee under the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length provisions of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall this Article must be reduced to writing and given writing, with a copy mailed to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and employee, within five twenty (520) working days of the teacher’s receiving written notification date the employer or its designee knew of the occurrence which is the subject of the action, and a possible suspension with or without pay, copy mailed to the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meetingAssociation President.
D. The teacher shall be notified of 5. When an employee exceeds his/her right to representation at each step.allotted sick days, the District will take the following progressive steps: When completely out of sick days: 1st occurrence - Verbal warning 2nd occurrence - Written warning 3rd occurrence - Three day suspension 4th occurrence - Five day suspension 5th occurrence - Termination
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.a. Any approved leave;
F. Nothing herein shall preclude the Board b. Emergency Room/Hospital Stay of Employee or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time whenEmployee’s spouse, in the sole and exclusive discretion of the Board, it is determined such action is warranted.child or parent;
c. Worker’s Compensation;
d. Court Proceedings; or
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline.
A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions No employee shall be disciplined without just cause. For the purpose of this contract Article, discipline shall include verbal and written reprimands or any reasonable rules warnings placed in the employee’s personnel file, suspension and regulations adopted by discharge.
B. An employee who is disciplined has the Board right to use the grievance procedure. In the case of Education. Such disciplinary action suspension without pay or discharge, the grievance shall be imposed as followsinitiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the case of discharge based upon unsatisfactory work performance of an employee with more than six (6) months of service, the arbitrator shall be limited to considering the following:
1. Step 1 first offense – Verbal warning to Was the teacher in a conference with the principal.employee warned?
2. Step 2 second offense – The offense shall be reduced Was the employee given an opportunity to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.improve?
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board An employee shall have the right to representation attach a written statement to any written warning or reprimand and have such statement placed in their personnel file.
D. An employee shall have the right to have a representative present at any meetings which the employee believes may result in discipline, except such right will not exist when the meeting is related solely to the evaluation of the employee’s work performance. Prior to such a meeting, the employee will be provided written notice of its purpose and the right to a representative present during the meeting.
D. The teacher E. Whenever practicable, discipline shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth administered in this Agreement. No teacher private and shall be reprimanded for disciplined progressive. Progressive discipline shall mean verbal warning, written warning (which may include placement on probation, including improvement expected), suspension without just causepay, and termination. The nature of the offense shall determine where progressive discipline is initiated.
F. Nothing herein If a complaint from a parent, co-worker, or other non-supervisory third party is used to support discipline, the employee shall preclude be given the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 name of the Ohio Revised Code at any time when, in the sole complainant and exclusive discretion copies of the Boardcomplaint or the supervisor’s documentation thereof.
G. Employees shall be expected to return from leave immediately upon expiration of leave. Failure to return from leave or being absent from work without any grant of leave for three (3) or more consecutive workdays shall be considered job abandonment, it and the employee will be terminated. If any employee is determined such action unable to report to work for circumstances beyond their control, they will be on unpaid leave until the situation is warrantedinvestigated and resolved.
H. The probationary period for newly hired employees will be six (6) calendar months. Termination of probationary employees shall not be subject to appeal.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against In any teacher for violation of or failure meeting in which an employee is to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in receive a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may that will be placed in the teacheremployee’s personnel filefile or a more severe form of discipline, the employee shall have the right, upon request, to have a Union representative present. The employee may attach a brief letter of rebuttal to the written reprimand.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to B. The Superintendent or Assistant Superintendent may suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be an employee for up to five three (3) work days maximum.
B. Upon without pay or recommend to the initiative Board termination for misconduct or other proper reasons. A second offense within three (3) years of the Superintendentfirst may result in either a ten (10) day suspension without pay or termination. No suspension or termination will be imposed arbitrarily or capriciously. Traditional principles of progressive discipline (verbal warning, written reprimand, suspension, termination) will be followed, with good cause shown, Steps 1, 2, and 3 above the mutual recognition that preliminary disciplinary steps may be omitted and a teacher brought before bypassed where warranted by the Superintendent directly for disciplinary actioncircumstances. Prior to any such suspensionsuspension or termination, the Administration shall conduct an investigation of Superintendent (or designee) will give the incident or infraction(s) upon which any such suspension will be based. The results of reasons to the investigation shall be reduced to employee in writing and given will afford an opportunity to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive sessionreply. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action Discipline is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded only for disciplined without just cause.
F. Nothing herein shall preclude suspensions and terminations; if a timely grievance is filed, either the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant Union may accelerate the case to Sections 3319.16 and 3319.161 the arbitration step of the grievance procedure by giving written notice to the other party. The provisions of Section 124.34 of the Ohio Revised Code at are superseded by this Article, and any time when, disciplinary action may not be appealed to the Findlay Civil Service Commission.
C. The Board will maintain a record of all formal discipline in the sole and exclusive discretion employee’s personnel file. The employee will receive a copy of any formal discipline before its placement in the personnel file. Any recorded disciplinary action placed in the employee’s file shall cease to have any effect on any other disciplinary action taken by the Board after thirty-six (36) months from the original date of the Board, it is determined such action is warrantednotice of the disciplinary action.
D. An employee shall have the right to review his/her personnel file upon request to the Superintendent (or designee) within one (1) business day. Nothing that adversely reflects upon the employee shall be placed in his/her file without the employee’s knowledge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. No employee shall be disciplined without just cause. The Administration may take progressive specific grounds forming the basis for disciplinary action against any teacher for violation of or failure will be made available in writing to comply with any provisions of this contract or any reasonable rules the employee, and regulations adopted when requested by the Board employee, to the Association in writing. Discipline is defined as verbal warning, written warning, suspension without pay, and discharge. The parties agree that routine, informal interaction between supervisors and employees is not discipline and, as a result, is not subject to this procedure. Consequently, the parties agree that when supervisors exercise their duty to inform employees of Educationthe employer’s rules and/or behavior standards, such communication is not discipline and, as a result, is not subject to this procedure. Such An employee shall be informed, prior to any discipline, that he/she is entitled to have a representative of the AEA present during any meeting which might reasonably be expected to lead to disciplinary action. When a request for such representation is made, the District will make reasonable efforts to accommodate the request. The District agrees to follow a procedure of progressive discipline which normally includes:
1. verbal warning
2. written warning
3. suspension without pay
4. discharge This standard will be utilized unless the severity of the employee’s offense requires deviation from this procedure. All disciplinary action shall be imposed as followsappropriate to the behavior which precipitates the discipline. The District shall provide a procedure for use by parents, students or other persons for registering complaints against employees which shall include the following if the complaint is to provide a basis for disciplinary action:
1. Step 1 first offense – Verbal warning The complainant shall be asked to put the teacher complaint in writing. If the complainant is unable or unwilling to do this, the oral complaint must be repeated in the presence of the employee and supervisor.
2. The employee shall be notified of the accusation and provided a copy of the complaint within twenty (20) days receipt of the complaint by the supervisor, except in circumstances where informing the employee interferes with a criminal investigation or would otherwise be out of compliance with the law. In such circumstances, the employer will have the burden to reasonably demonstrate a relevant request from law enforcement or that the report cannot be legally provided.
3. The employee shall be given an opportunity to respond to this complaint orally and/or in writing, and when feasible, may request that the principal arrange a conference with the principalinvolved parties.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take Employer agrees with the tenets of progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action corrective discipline and that it shall be imposed as followsonly for just cause. Discipline may include the following steps, which are not exhaustive:
1. Step 1 first offense – Verbal A. Oral warning to with documentation of such filed m the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s employee's personnel file.
4B. Written reprimand with copy of such maintained m the Employee's personnel file.
C. Suspension without pay with documentation of such maintained in the Employee's personnel file, with copy sent to Union office.
D. Discharge with documentation of such maintained in the Employee's personnel file, with copy sent to Union office. Step 4 fourth offense – After a meeting before the SuperintendentHowever, the Administration has Employer shall retain the right to suspend invoke discipline which it determines to be appropriate under the circumstances surrounding each individual incident giving rise to disciplinary action, provided just cause exists. Therefore, the Employer may invoke either a teacher with suspension or discharge without pay for disciplinary purposes. The length oral warning or written reprimand should the seriousness of the offense warrant suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary actionor discharge without oral warning or written warning. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification actual imposition of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right Employee will be afforded an opportunity to representation at the meeting.
D. The teacher shall be notified of discuss his/her right views concerning the conduct causing such disciplinary action with the Director. In the case of termination, the Employee will be given the opportunity to representation at each step.
E. Disciplinary discuss the matter with the Village Manager. Such discussion should take place as soon as practicable and not be unduly or unreasonably delayed, and the Employee shall be informed clearly and concisely of the basis for such action. All disciplinary action (including verbal warnings if documented) shall be signed by the Employee as having been received by the Employee, not that it is subject agreed to, with a copy given to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant Employee prior to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, placement in the sole and exclusive discretion of personnel file, unless the Board, it is determined such Employee refuses to sign the disciplinary action is warrantedin which case the Employer shall so indicate on the disciplinary action that the Employee has refused to sign it.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. I. Employees may only be terminated or discharged in accordance with law.
II. No employees shall be disciplined or discriminated against because of membership and/or active participation in the Association.
III. When an employee is called to a meeting that may/will result in employee discipline, or as a witness, the employee will be informed of the nature of the meeting beforehand in writing and be advised that he/she may bring the local site Association Representative (AR) or another NEA representative to the meeting within 24-48 hours. If an employee feels any meeting is becoming disciplinary in nature, the employee may advise the supervisor that he/ she would like the meeting rescheduled in order to be represented by a NEA representative. Such meetings shall not include evaluation conferences, such as PGP’s. The District official shall set a meeting for disciplinary purposes with reasonable notice to the employee. Reasonable notice shall take into consideration the length of time necessary for a representative to arrive for the meeting and the availability of such representation. Reasonable notice should not exceed three work days unless an extension is mutually agreed upon. Union/Association representation is encouraged at this level of interaction. The negotiated grievance procedure shall be available to the employee to contest the decision(s) made by District official(s) in issuing a disciplinary letter.
IV. No employee will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage based on a decision, which is unsupported in fact. Procedural due process standards shall be present throughout the disciplinary process. These include the employee’s right to be apprised of allegations or charges, right to representation by an AR or other NEA-Santa Fe representative and progressive discipline appropriate to the specific action or incident. The purpose of having an AR or another NEA-Santa Fe representative present during disciplinary discussions is primarily to ensure that due process is followed. The AR or another NEA representative may contribute to the discussion at the employee’s request. The employee or AR may suggest that they step outside and have a private conversation, and then return to the discussion at any time. The role of the AR is to advocate for, and support the employee and uphold the CBA on behalf of the employee.
A. The Administration may take primary purpose of disciplinary proceedings is to improve or change behaviors in the workplace.
V. The school site administrator, or department supervisor, will advise an employee of issues or behavior observed or reported in a timely manner (generally within two (2) weeks – ten (10) work days).
VI. The principles of progressive discipline shall be applied to the determination of any disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted action. When the issue is such that the supervisor recommends skipping a step, prior approval must be granted by the Board Superintendent, or designee. In the application of Education. Such disciplinary action shall progressive discipline, consideration will be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher relatedness of past issues, the seriousness of the current infraction and Superintendentthe length of time between any infractions. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warningsteps for progressive discipline are listed below.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. 9.1 No tenured teacher shall be disciplined for reasons deemed arbitrary and/or capricious. Any such discipline shall be subject to the grievance procedure hereinafter set forth including arbitration. The Administration may take progressive specific grounds forming the basis for disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall will be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given made available to the teacher and SuperintendentAssociation in writing.
9.2 Abuses of sick leaves or other leaves, chronic tardiness or absence, willful deficiencies in performance, or other violations of Board policy by a teacher reflect adversely upon the teaching profession and create undesirable conditions in the School System. The Board, in recognition of the concept of progressive correction, shall notify the teacher in writing whenever the aforementioned behavior might be used later for discipline of the teacher for alleged delinquencies. The written warning notice shall indicate expected correction, and indicate a reasonable period for correction. This provision shall not prevent Administrators from informal conferences with teachers, but such conferences may not later be initialed and dated by used for discipline unless the writing above indicated is delivered to the teacher. The initials Alleged breaches of discipline shall not indicate agreement with be promptly reported to the warning’s content, but show only the teacher has received a copy of the written warningoffending teacher.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a 9.3 A teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation request that a representative of the Association accompany him whenever he is required to attend a meeting at the meeting.
D. The which he is to be reprimanded, warned or disciplined for any infraction of rules or other behavior which might result in disciplinary action when such meeting is made a portion of his personnel file. A teacher shall be notified given at least two (2) hours notice of his/her right such a meeting and the fact that a teacher may request a representative to representation be present shall in no way cause a delay of over twenty-four (24) hours if the representative is unable to attend at each stepthe specified time. In the case of infractions related to drugs or alcohol the two (2) hours notice and twenty four (24) hours delay shall be reduced to twenty (20) minutes. This paragraph shall not be interpreted to prevent administrators and teachers from conferring informally.
E. Disciplinary action is subject to 9.4 Discharge or demotion in the grievance procedure set forth in this Agreement. No employment status of a tenure teacher shall be reprimanded for disciplined without just causeany reason not deemed arbitrary and/or capricious in accordance with the Michigan Teachers’ Tenure Act. The term “demotion” shall be as defined in the Michigan Teachers’ Tenure Act. If the discharge or demotion is based upon performance, rather than misconduct, the discharge or demotion shall be preceded by the faithful execution of the evaluation procedure. All tenured teachers’ rights included in this Agreement and applicable statutes shall be honored.
F. Nothing herein A. The discharge or demotion shall preclude be preceded by the forwarding of written charges to the teacher.
B. If requested by the teacher, the Board or Education from omitting shall provide the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of teacher with a hearing before the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Master Agreement
Employee Discipline. I. Employees may only be terminated or discharged in accordance with law.
II. No employees shall be disciplined or discriminated against because of membership and/or active participation in the Association.
III. When an employee is called to a meeting that may/will result in employee discipline, or as a witness, the employee will be informed of the nature of the meeting beforehand in writing and be advised that he/she may bring the local site Association Representative (AR) or another NEA representative to the meeting within 24-48 hours. If an employee feels any meeting is becoming disciplinary in nature, the employee may advise the supervisor that he she would like the meeting rescheduled in order to be represented by a NEA representative. Such meetings shall not include evaluation conferences, such as Professional Growth Plans (PGP). The District official shall set a meeting for disciplinary purposes with reasonable notice to the employee. Reasonable notice shall take into consideration the length of time necessary for a representative to arrive for the meeting and the availability of such representation. Reasonable notice should not exceed three work days unless an extension is mutually agreed upon. Union/Association representation is encouraged at this level of interaction. The negotiated grievance procedure shall be available to the employee to contest the decision(s) made by District official(s) in issuing a disciplinary letter.
IV. No employee will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage based on a decision, which is unsupported in fact. Procedural due process standards shall be present throughout the disciplinary process. These include the employee’s right to be apprised of allegations or charges, right to representation by an AR or other NEA-Santa Fe representative and progressive discipline appropriate to the specific action or incident. The purpose of having an AR or another NEA-Santa Fe representative present during disciplinary discussions is primarily to ensure that due process is followed. The AR or another NEA representative may contribute to the discussion at the employee’s request. The employee or AR may suggest that they step outside and have a private conversation, and then return to the discussion at any time. The role of the AR is to advocate for, and support the employee and uphold the CBA on behalf of the employee.
A. The Administration may take primary purpose of disciplinary proceedings is to improve or change behaviors in the workplace.
V. The school site administrator, or department supervisor, will advise an employee of issues or behavior observed or reported in a timely manner (generally within two (2) weeks or ten (10) work days).
VI. The principles of progressive discipline shall be applied to the determination of any disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted action. When the issue is such that the supervisor recommends skipping a step, prior approval must be granted by the Board Superintendent, or designee. In the application of Education. Such disciplinary action shall progressive discipline, consideration will be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher relatedness of past issues, the seriousness of the current infraction and Superintendentthe length of time between any infractions. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warningsteps for progressive discipline are listed below.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. (a) The Administration Company, in directing the working force, may take progressive exercise its right to invoke disciplinary action against any teacher measures for violation of or failure just cause, subject to comply with any provisions the terms and conditions of this contract Agreement. In imposing discipline on a current charge, the Company will not take into account any prior infractions which occurred more than two years previously. Departmental disciplinary files will be purged of all discipline that Is yearsold. The Company will not discharge an employee for falsifi- cation of his medical records or any reasonable rules and regulations adopted by his employment after the Board employee has two years of Educationservice. Such disciplinary An employee who is required to go to an office to discuss some action on his part which will result in such employee being disciplined, shall have his Union Committeeman present during such discussion unless the employee declines the right to have representation in the presence of their Union Committeeman. At the time an employee is to be interviewed for discipline or disciplined, such discipline will be issued in the privacy of an office. Discharge Cases Upon being notified of his discharge, it shall be imposed as follows:
1. Step 1 first offense – Verbal warning the duty of an employee to leave his department and go to the teacher in a conference Human Resources The Union departmental representativeand the Plant Chairman shall be immediately notified and given the opportunity to review such discharge case with the principal.
2employee alone others before the records in the Human Resources Department are closed. Step 2 second offense – The offense 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 reduced to writing by furnished with a brief written statement describing the principal and copies given to the teacher and Superintendent. conduct for which he has been discharged. The written warning shall be initialed and dated by statement furnished to the teacher. The initials employee shall not indicate agreement with the warninglimit Management’s contentrights, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has including the right to suspend 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 teacher copy. In the event an employee is discharged from employment and believes he has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided under the terms of this Agreement that an injustice has been done the employee with or without pay regard to the discharge, the Company agrees to reinstate him and to reimburse him for disciplinary the wages he would normally have earned for the time lost, less what the employee has earned in outside employment since his discharge, to the extent of the hours he would normally have worked for the Company. These hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non-Contributory Retirement Plan, and for vacation purposes. The length In case of any such discharge, the Company must be notified in writing of the suspension claims of the alleged wrongful discharge within five working days and the case shall be for taken up promptly and diligent efforts made to dispose of it within three additional working days. An extension to the five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above working day time limit may be omitted granted by mutual agreement between the Company and a teacher brought before the Superintendent directly Union. In the event the Company is notified as above regarding claim of wrongful discharge, the employee will be permitted to continue his protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve months. If the employee is reinstated and the Company is obliged to reimburse him for disciplinary action. Prior lost earnings, he will also be reimbursed to the extent of contributions he made to any such suspensionplans up to the amount which normally would have been paid by the Company in his behalf. Should it bedecided a discharged employee that there was good cause for the discharge, or a discharged employee files a grievance requesting only a determination of mental allowance (where the Company has specified that the reason for the employee’s discharge will result in his being ineligible to supplemental allowance), the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board arbitrator shall have the right authority to representation at the meeting.
D. The teacher shall be notified determine in of his/her right an employee eligible to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 retire of Article 1 of the Ohio Revised Code at any time when, Non-Contributory Retirement Plan whether the cause for his discharge should result in the sole and exclusive discretion of the Board, it is determined his being ineligible to receive a supplemental allowance under such action is warrantedRetirement Plan.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. (a) The Administration company, in directing the working force, may take progressive exercise its right to disciplinary action against any teacher measures for violation of or failure just cause, subject to comply with any provisions the terms and conditions of this contract agreement. In imposing discipline on a current charge, the company will not into account any prior infraction, which occurred than two previously. Departmental disciplinary files will purged of all that is over two years old. The company will impose discipline up to and including discharge where an employee with two years or any reasonable rules and regulations adopted by the Board less of Educationemployment has falsified either medical, or employment records. Such disciplinary action shall be imposed as follows:
1The Company will not impose discipline for such after two years of employment. Step 1 first offense – Verbal warning An employee who is required to go to the teacher Human Department or his supervisor’s office to discuss some action on his part which will result in a conference with the principal.
2. Step 2 second offense – The offense such employee being disciplined, shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has have his union representative present during such discussion unless employee the right to suspend have representation in presence of his union representative. At the time an is to for discipline or to disciplined, such discipline will be issued in the privacy an office. Upon being notified of his discharge, it shall be the duty of an to leave his department and go to the plant employment office. The chairperson or the alternate shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the employment 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 An who is discharged will be furnished with a teacher brief written statement describing the misconduct for which the employee has been discharged. The office Chairperson will receive a copy. In the event an employee is discharged from employment and believes he has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided, under the terms of this agreement, that an injustice has been done the employee with or without pay regard to the discharge, the company agrees to reinstate him and to reimburse him for disciplinary the wages he would normally have earned for the time lost, less what the employee has earned in outside employment since his discharge, to the extent of the hours he would normally have worked for the company. These hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non-Contributory Retirement Plan, and for vacation purposes. The length In case of any such discharge, the suspension company must receive a written grievance within five working days and the case shall be for taken up promptly and diligent efforts made to dispose of it within three additional working days. An extension to the five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above working day time limit may be omitted granted by mutual agreement between the company and a teacher brought before the Superintendent directly union. In the event the company is notified as above regarding claim of wrongful discharge, the employee will be permitted to continue his protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve months. If the employee is reinstated and company is obliged to reimburse him for disciplinary action. Prior lost earnings, he will also be to extent of contributions he made to any such suspensionplans up to the amount which normally has been paid by the in his behalf. Should it be decided under this article in the case a discharged employee that there was good cause for the discharge, or a discharged employee files a grievance requesting only a determination of eligibility for supplemental allowance (where the company has specified that the reason for the employee’s discharge will result in his being ineligible to receive a supplemental allowance), the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board arbitrator shall have the right authority to representation at determine in the meeting.
D. The teacher shall be notified case of his/her right an employee eligible to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 retire under Section Article I of the Ohio Revised Code at any time when, Non-Contributory Retirement Plan whether the cause for his discharge should result in the sole and exclusive discretion of the Board, it is determined his being ineligible to receive a supplemental allowance under such action is warrantedRetirement Plan.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take parties agree with the tenets of progressive disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action corrective discipline and that it shall be imposed as followsonly for just cause. The Employer may impose the appropriate level of discipline based on the facts and circumstances of the matter at issue. Discipline shall include but not be exclusive of the following progressive steps of priority:
1. Step 1 first offense – Verbal Oral warning with documentation of such filed in the employee’s personnel file, this section is not subject to the teacher in a conference with the principal.
2grievance procedure. Step 2 second offense – The offense affected employee shall be reduced allowed to writing by the principal and copies given draft a rebuttal to the teacher and Superintendent. The written warning aforementioned documented discipline that shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received remain a copy part of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacheremployee’s personnel file.
42. Step 4 fourth offense – After Written reprimand with copy of such maintained in the employee’s personnel file, this section is not subject to the grievance procedure. The affected employee shall be allowed to draft a meeting before rebuttal to the Superintendent, aforementioned documented discipline that shall remain a part of the Administration has the right to suspend a teacher with or employee’s personnel file.
3. Suspension without pay for disciplinary purposes. The length with documentation of such maintained in the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendentemployee’s personnel file, with good cause showna copy delivered to a Union officer, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action this section is subject to the grievance procedure set forth procedure.
4. Demotion with pay reduction and documentation of such maintained in the employee’s personnel file with a copy delivered to a Union officer, this Agreementsection is subject to the grievance procedure.
5. No teacher Discharge with documentation of such maintained in the employee’s personnel file, with a copy delivered to a Union officer, this section is subject to the grievance procedure. Pursuant to actual imposition of written reprimands, suspension without pay, or discharges, the employee shall be reprimanded for disciplined without just cause.
F. Nothing herein afforded an opportunity to discuss his/her views concerning the conduct causing such disciplinary action. Such discussion should take place as soon as practicable after the Supervisor’s action and not be unduly or unreasonably delayed, and the employee shall preclude the Board or Education from omitting the foregoing steps be informed clearly and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 concisely of the Ohio Revised Code at any time whenbasis for such action. Furthermore, in the sole and exclusive discretion upon request of the Boardemployee, a representative of the Chapter shall be allowed to be present and participate in such discussions. Any disciplinary action or measure, except oral and written reprimands, imposed upon a non-probationary employee may be processed as a grievance through the regular grievance procedure. If an employee elects to process a disciplinary review through the grievance procedure, then the employee must notify the Circuit Clerk, within forty-eight (48) hours of notification of the disciplinary measure or action. If the employer has reason to reprimand an employee, it is determined such action is warrantedshall be done in a manner that will not embarrass the employee before other employees or the public. Probationary employees are “at-will” employees, subject to discipline or discharge without recourse to the grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. Section 1 - General
A. The Administration may take progressive disciplinary action against any teacher for violation of or failure FNSBEA recognizes the Employer's right to comply with any provisions of this contract or any adopt and implement reasonable rules and regulations adopted by the Board pertinent to safety, standards of Educationconduct, and work rules. Such disciplinary action All employees shall be imposed subject to such rules and regulations, and violations of such directives shall subject the offending employee to disciplinary sanctions.
B. The Employer shall not discipline or discharge a regular employee without just cause. When disciplining employees, the Employer shall follow the principles of progressive discipline which include oral counseling, written reprimand, suspension(s) without pay, and discharge as follows:described in Section 3. The Employer is not required to follow the progressive steps of discipline for serious violations of the work rules as generally defined in Section 3 below.
C. An employee has a right to request union representation during an investigative interview if the employee has reasonable belief that discipline or other adverse consequences may result from what he/she says in the interview. In such an instance, the supervisor has the following options: 1) stop questioning the employee until the union representative arrives; or 2) call off the interview and reschedule; or 3) continue the interview if the employee voluntarily gives up his/her rights to a union representative.
1. Step 1 In all cases, when a Notification of Intent to Investigate (NOI) is issued, the employee shall be informed of the subject of the interview and their rights to representation in writing prior to commencement of the meeting.
Section 2 - Oral Counseling Prior to any disciplinary action for minor infractions of the work rules and after a preliminary investigation, if the supervisor determines that an alleged offense may warrant oral counseling, the supervisor shall first offense – Verbal warning to the teacher in schedule a conference meeting with the principal.
2employee to discuss the inappropriate behavior or performance problem and attempt to resolve the issue informally. Step 2 second offense – The offense employee shall be reduced informed that he/she has the right to writing by have an FNSBEA representative present at the principal meeting. At this meeting the employee and copies supervisor shall attempt to agree to a plan or objective to improve the worker's conduct or performance which shall, when appropriate, include a plan for additional training. If the parties reach an agreement a copy shall be given to the teacher and Superintendent. The written warning employee but no record shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s employee's official personnel file.
4. Step 4 fourth offense – After a meeting before If the Superintendentproblem is corrected within the specified time and there are no disciplinary actions within one (1) year, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension plan shall be for up expunged from the supervisor's anecdotal records and shall not be used as the basis of any future discipline or other employment decisions. If the parties are unable to five days maximum.
B. Upon reach agreement or the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspensionproblem persists despite an agreement, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher supervisor may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary administer disciplinary action is subject to the grievance procedure as set forth in this Agreement. No teacher shall be reprimanded for disciplined without just causeSections 3 and 4.
F. Nothing herein shall preclude Section 3 - Disciplinary Administration Disciplinary action will be administered on a case-by-case basis in a consistent and fair manner. The discipline imposed will depend upon intent and mitigating circumstances, including the Board employee's past record, length of service, existence of past discipline, and the potential detriment to the Employer resulting from the action. Suspension or Education from omitting dismissal may be appropriate for the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 first offense only for serious rule violations like theft, assault, dishonesty, fighting, intentional falsification of official records, possession or being under the Ohio Revised Code at any time wheninfluence of prohibited narcotics during duty hours, in being under the sole and exclusive discretion influence of the Boardalcohol during duty hours, it is determined such action is warrantedgross negligence or gross insubordination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. Discipline shall be defined as a suspension without pay, or discharge. No non- probationary employee may be disciplined without just cause. Prior to administering discipline, the District shall obtain the employee’s response to the misconduct charges. The Administration may take progressive degree of disciplinary action against any teacher for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall will be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held determined by the Superintendent with or their designee, depending upon the affected parties, circumstances of each case. In the event the District decides to issue a written warning or reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendentto an employee, the Administration has the right to suspend a teacher with or without pay for disciplinary purposes. The length of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board employee shall have the right to representation at submit a rebuttal to the meetingwritten warning or reprimand and have it attached to the written warning or reprimand and included in the employee’s personnel file. The following is a non-exhaustive list of misconduct that the parties agree in advance shall constitute just cause for suspension without pay or discharge for a first offense of any of the following. This list shall include but not be limited to:
1. Unauthorized absence from work
2. Any absence from work which would constitute a dock day, unless the absence is authorized under state/federal law, i.e., FMLA, or approved by the Superintendent.
D. The teacher 3. Violation of the District’s policy prohibiting sexual harassment
4. Theft and/or misappropriation of funds
5. Unauthorized removal of District property from a District building
6. Insubordination (i.e., failure or refusal to comply with an order or directive from a person with supervisory authority)
7. Violation of the District’s Drug and Alcohol Free Workplace policy; E-cigarette, Tobacco and Cannibis Prohibition
8. Gross negligence or willful damage to District property
9. Assault upon supervisors, other employees, or students
10. Falsification of records (including time sheets or tampering with time clocks)
11. In addition to the above list of offenses that provides just cause for suspension without pay or discharge for a first time offense, the following shall apply to work rule violations and performance deficiencies:
a. Any employee who violates a work rule and/or whose performance is deficient in any area of assigned duties after receiving a verbal warning shall be notified subject to being issued a written warning or reprimand.
b. Any employee who violates a work rule and/or whose performance is deficient in any area of assigned duties within twenty-four (24) months after the date the employee received his/her right first written warning or reprimand shall be subject to representation at each stepsuspension or dismissal.
E. Disciplinary action is subject to c. Should the grievance procedure set forth in this Agreement. No teacher employee not receive a second written notice of work rule violation and/or any performance deficiency within twenty-four (24) months after receiving a first written warning or reprimand, the first written warning or reprimand shall be reprimanded removed from the employee’s personnel file. The employee shall be responsible for disciplined without just cause.
F. Nothing herein shall preclude requesting in writing that the Board or Education District’s Personnel Office remove the letter of warning/reprimand from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.employee’s personnel file that are more than twenty-four (24)
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. (a) The Administration Company, in directing the working force, may take progressive exercise its right to invoke disciplinary action against any teacher measures for violation of or failure just cause, subject to comply with any provisions the terms and conditions of this contract or agreement. In imposing discipline on a current charge, the Company will not take into account any reasonable rules and regulations adopted by the Board prior infractions, which occurred more than two (2) years previously. Departmental disciplinary files will be purged of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
all discipline that is over two (2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent) years old. The written warning shall be initialed Company will impose discipline up to and dated by the teacherincluding discharge where an employee with (2) years or less of employment has falsified either medical, or employment records. The initials Company will not impose discipline for such offenses after (2) years of employment. An employee who is required to go to an office to discuss some action on part which will result in such employee being disciplined, shall not indicate agreement with have Union Committeeperson present during such discussion unless the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has employee declines the right to suspend have representation in the presence of their Union Committeeperson. At the time the employee is to be interviewed for discipline or disciplined, such discipline will be issued in the privacy of an office. Discharge Cases Upon being notified of discharge, it shall be the duty of an employee to leave department and go to the Human Resources Department. The Union departmental representative and the Plant Chairperson shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the Human Resources Department are closed. The wages of an employee shall cease at the time of discharge excepting in cases where it is later determined that the discharge was not warranted. information not contained in the statement to the employee. In the exceptional cases where the above is delayed, the special circumstances will be reviewed with the Plant Chairperson. The Plant Chairperson will receive a teacher copy. In the event an employee is discharged from employment and believes has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided under the terms of this Agreement that an injustice has been done to the employee with or without pay regard to the discharge, the Company agrees to reinstate and to reimburse for disciplinary the wages would normally have earned for the time lost, less what the employee has earned in outside employment since discharge, to the extent of the hours would have normally worked for the Company. These hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non- contributory Retirement Plan and for vacation purposes. The length In case of any such discharge, the Company must be notified in writing of the suspension claims of the alleged wrongful discharge within five (5)working days and the case shall be for taken up promptly and diligent efforts made to five days maximum.
B. Upon the initiative dispose of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary actionit within three (3) additional working days. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given An extension to the teacher along with a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and within five (5) days working day time limit may be granted by mutual agreement between the Company and the Union. In the event the Company is notified as above regarding claim of wrongful discharge, the teacher’s receiving written notification employee will be permitted to continue protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve (12 months. If the employee is reinstated and the Company is obliged to reimburse for lost earnings, will also be reimbursed to the extent of contributions made to any such plans up to the amount, which normally would have been paid by the Company in behalf. Should it be decided under this Article in the case of a possible suspension with discharged employee that there was good cause for the discharge, or without paya 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 being ineligible to receive a supplemental allowance), the teacher may request a meeting before the board of education in executive session. The teacher and the board arbitrator shall have the right authority to representation at determine in the meeting.
D. The teacher shall be notified case of his/her right an employee eligible to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 retire under Section of Article of the Ohio Revised Code at any time when, Non-contributory Retirement Plan whether the cause for discharge should result in the sole and exclusive discretion of the Board, it is determined being ineligible to receive a supplemental allowance under such action is warrantedRetirement Plan.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. (a) The Administration company, in directing the working force, may take progressive exercise its right to invoke disciplinary action against any teacher measures for violation of or failure just cause, subject to comply with any provisions the terms and conditions of this contract agreement. In imposing discipline on a current charge, the company will not take into account any prior infraction, which occurred more than two (2) years previously. Departmental disciplinary files will be purged of all discipline that is over two (2) years old. The company will impose discipline up to and including discharge where an employee with two (2) years or any reasonable rules and regulations adopted by the Board less of Educationemployment has falsified either medical, or employment records. Such disciplinary action shall be imposed as follows:
1The Company will not impose discipline for such offenses after two (2) years of employment. Step 1 first offense – Verbal warning An employee who is required to go to the teacher Human Resources Department or his office to discuss some action on his part which will result in a conference with such employee being disciplined, shall have his union representative present during such discussion unless the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be placed in the teacher’s personnel file.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has employee declines the right to suspend have representation in the presence of his union representative. At the time an employee is to be interviewed for discipline or to be disciplined, such discipline will be issued in the privacy of an Upon being notified of his discharge, it shall be the duty of an employee to leave his department and go to the plant employment The chairperson or the alternate shall be immediately notified and given the opportunity to review such discharge case with the employee alone or with others before the records in the employment department are closed. wages of an employee shall cease at the time of his discharge excepting in cases where it is determined that the discharge was not An employee who is discharged will be furnished with a teacher brief written statement describing the misconduct for which the employee has been discharged. The office Chairperson will receive a copy. In the event an employee is discharged from employment and believes he has been unjustly dealt with, such discharge shall constitute a case arising under the method of adjustment of differences herein provided. Should it be decided, under the terms of this agreement, that an injustice has been done the employee with or without pay regard to the discharge, the company agrees to reinstate him and to reimburse him for disciplinary the wages he would normally have earned for the time lost, less what the employee has earned in outside employment since his discharge, to the extent of the hours he would normally have worked for the company. hours will also be counted as hours worked in determining credit units under the Supplemental Unemployment Benefit Plan, pension credits under the Non-contributory Retirement Plan, and for vacation purposes. The length In case of the suspension shall be for up to five days maximum.
B. Upon the initiative of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspensiondischarge, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation shall be reduced to writing and given to the teacher along with company must receive a recommendation for a possible suspension with or without pay.
C. Upon request of the teacher and written grievance within five (5) working days and the case shall be taken up promptly and diligent efforts made to dispose of it within three (3) additional working days. An extension to the teacher’s receiving written notification five (5) working day time limit may be granted by mutual agreement between the company and the union. In the event the company is notified as above regarding claim of wrongful discharge, the employee will be permitted to continue his protection under the Group Insurance Plan until the issue is resolved but not to exceed twelve (12) months. If the employee is reinstated and the company is obliged to reimburse him for lost earnings, he will also be reimbursed to the extent of contributions he made to any such plans up to the amount which normally has been paid by the company in his behalf. Should it be decided under this article in the case of a possible suspension with discharged employee that there was good cause for the discharge, or without paya 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 teacher may request a meeting before the board of education in executive session. The teacher and the board arbitrator shall have the right authority to representation at determine in the meeting.
D. The teacher shall be notified case of his/her right an employee eligible to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 retire under Section of Article I of the Ohio Revised Code at any time when, Retirement Plan whether the cause for his discharge should result in the sole and exclusive discretion of the Board, it is determined his being ineligible to receive a supplemental allowance under such action is warrantedRetirement Plan.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive A bargaining unit member shall be entitled to have present, a representative of the Association during any meeting which leads to disciplinary action. Should disci- plinary action against any teacher likely occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and be advised of the right to representation under this provision of the Agreement. (When a request for violation of or failure to comply with any provisions of this contract or any reasonable rules and regulations adopted by the Board of Education. Such representation is made, no disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning taken with respect to the teacher in bargaining unit member until a conference with representative is present.) A bargaining unit member may choose which union representative is present provided it does not unreasonably delay the principalmeeting. Disciplinary action is not performance based.
2. Step 2 second offense – The offense B. Possible disciplinary consequences include, but shall not be reduced limited to writing by the principal and copies following: verbal warning written warning; copy given to the teacher employee and Superintendent. The written separate from verbal warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be ; copy placed in the teacheremployee’s personnel file, with duration of time to remain in file stated in letter referral to the EAP suspension with pay suspension without pay restitution docking dismissal The aforementioned disciplinary consequences shall not be construed to provide a hierarchy or progressive disciplinary system. Any of the consequences may be used at any time according to the severity of the incident or situation as determined by the Executive Director/Superintendent. Other than verbal warnings and written warnings, no disciplinary action shall occur until the employee and his/her representative shall have had an opportunity to meet with the Executive Director/Superintendent.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration has the right to suspend a teacher with C. No bargaining unit member shall be dismissed or suspended without pay for disciplinary purposesreasons without at least one (1) documented attempt by a supervisor (non-bargaining unit member) within a twelve (12) month period to correct the behavior. The length Exceptions to this may be made in the event of action on the part of the suspension employee that may violate criminal or civil law or that may result in the violation of the civil or human rights of any student or staff.
D. When SPEED administration determines that a disciplinary meeting is to be held, the affected employee shall be for up to five days maximum.
B. Upon the initiative informed of the Superintendent, with good cause shown, Steps 1, 2, and 3 above may violation that is to be omitted and a teacher brought before discussed. Disciplinary decisions resulting from the Superintendent directly for disciplinary action. Prior to any such suspension, the Administration shall conduct an investigation of the incident or infraction(s) upon which any such suspension will be based. The results of the investigation meeting shall be reduced to writing and given presented to the teacher along with a recommendation for a possible suspension with or without payemployee within ten (10) school days.
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board shall have the right to representation at the meeting.
D. The teacher shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth in this Agreement. No teacher shall be reprimanded for disciplined without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 of the Ohio Revised Code at any time when, in the sole and exclusive discretion of the Board, it is determined such action is warranted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Employee Discipline. A. The Administration may take progressive disciplinary action against any teacher for violation of or failure to comply with any provisions No employee shall be disciplined without just cause. For the purpose of this contract Article, discipline shall include verbal and written reprimands or any reasonable rules and regulations adopted by the Board of Education. Such disciplinary action shall be imposed as follows:
1. Step 1 first offense – Verbal warning to the teacher in a conference with the principal.
2. Step 2 second offense – The offense shall be reduced to writing by the principal and copies given to the teacher and Superintendent. The written warning shall be initialed and dated by the teacher. The initials shall not indicate agreement with the warning’s content, but show only the teacher has received a copy of the written warning.
3. Step 3 third offense – After a conference has been held by the Superintendent with the affected parties, a written reprimand may be warnings placed in the teacher’s employee's personnel file, suspension and discharge.
4. Step 4 fourth offense – After a meeting before the Superintendent, the Administration B. An employee who is disciplined has the right to suspend a teacher with or use the grievance procedure. In the case of suspension without pay for disciplinary purposes. The length of discharge, the suspension grievance shall be for up to five days maximum.
B. Upon initiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the initiative case of the Superintendent, an employee with good cause shown, Steps 1, 2, and 3 above may be omitted and a teacher brought before the Superintendent directly for disciplinary action. Prior to any such suspensionless than six (6) months of service, the Administration shall conduct an investigation of decision rendered at the incident or infraction(s) upon which any such suspension will be based. The results of the investigation hearing shall be reduced final. In the case of discharge based on unsatisfactory work performance of an employee with more than six (6) months of service, the arbitrator shall be limited to writing and considering the following:
(1) Was the employee warned?
(2) Was the employee given an opportunity to the teacher along with a recommendation for a possible suspension with or without pay.improve?
C. Upon request of the teacher and within five (5) days of the teacher’s receiving written notification of a possible suspension with or without pay, the teacher may request a meeting before the board of education in executive session. The teacher and the board An employee shall have the right to representation attach a written statement to any written warning or reprimand and have such statement placed in his/her personnel file.
D. An employee shall have the right to have a representative present at any meetings which the employee believes may result in discipline, except such right will not exist when the meeting is related solely to the evaluation of the employee's work performance. Prior to such a meeting the employee will provided written notice of its purpose and the right to a representative present during the meeting.
D. The teacher E. Whenever practicable, discipline shall be notified of his/her right to representation at each step.
E. Disciplinary action is subject to the grievance procedure set forth administered in this Agreement. No teacher private and shall be reprimanded for disciplined progressive. Progressive discipline shall mean verbal warning, written warning (which may include placement on probation), including improvement expected, suspension without just cause.
F. Nothing herein shall preclude the Board or Education from omitting the foregoing steps pay, and procedures and instituting termination proceedings pursuant to Sections 3319.16 and 3319.161 termination. The nature of the Ohio Revised Code at any time when, in offense shall determine where the sole and exclusive discretion of the Board, it progressive discipline is determined such action is warrantedinitiated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
