Employee Discipline. 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 specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section. 10.2 Abuses of sick leave or 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly reported to the offending employee. 10.3 An employee shall have the right to 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally. 10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by: A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes. B. The forwarding of a written explanation to the employee. C. A hearing before the Board, if requested by the employee. 10.5 The following procedure will be followed when it is felt that an employee is consistently 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
Sources: Master Agreement, Master Agreement
Employee Discipline. 10.1 No bargaining unit member shall be disciplined without just causeWhere appropriate, except as otherwise explicitly provided in this Agreement. Any such principles of progressive discipline shall be subject to followed. Not in every incident is progressive discipline appropriate and the grievance procedure herein set forthcircumstances of each offense must be taken into account. The specific grounds forming In those more serious incidents, the basis for 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 resulting in a suspension or recommendation for termination, a pre- disciplinary conference will be made available to scheduled. In this meeting, the employee in writing. The termination of a probationary employee does not constitute discipline within and the meaning of this section.
10.2 Abuses of sick leave or 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly reported to the offending employee.
10.3 An employee administrator/supervisor shall have the right to request that have a representative of his/her own choosing present. Employees may attach a letter of rebuttal to any letters of reprimand that would be placed in their personnel file. The Superintendent or his designee may suspend an employee for up to five (5) days without pay and/or recommend to the Group accompany them whenever they are required 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 attend perform the requirements of the position. If the suspension or recommendation of termination is a meeting at 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 they are 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 be reprimandedthe safety, warned health, or disciplined for any infraction welfare of rules the employee or other behavior employees, the public or the operations of the system. Such temporary suspensions shall be without pay, unless the employee is subsequently cleared of the charges; in which might result in disciplinary action when such meeting is made a portion of their personnel record. An case, the employee shall be given at least two (2) paid for all regular hours notice 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 reason during their probationary period and shall not have appeal over such a meeting 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 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 assessment and the fact that will only be used as support of personal observation. When an employee may request a representative covered by this Agreement chooses 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion represent him/herself in the employment status presentation of a bargaining unit member grievance, discipline action, or any other meeting that could impact the CBA, the outcome of the meeting(s) shall be for just cause and preceded by:
A. The faithful execution of consistent with the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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 terms of this warning inserted in the employee’s personnel recordCBA.
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
Sources: Negotiations Agreement, Negotiations Agreement
Employee Discipline. 10.1 No bargaining unit member shall be disciplined without just causeSection 1 - General
A. The FNSBEA recognizes the Employer's right to adopt and implement reasonable rules and regulations pertinent to safety, except as otherwise explicitly provided in this Agreementstandards of conduct and work rules. Any such discipline All employees shall be subject to the grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or other leavessuch rules and regulations, chronic tardiness or absences, deficiencies in performance, or other and 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 directives shall 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly reported to the offending employee.
10.3 An employee shall have the right to 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutessanctions.
B. The forwarding Employer shall not discipline or discharge a regular employee without just cause. When disciplining employees, the Employer shall follow the principles of a progressive discipline which include oral counseling, written explanation reprimand, suspension(s) without pay, and discharge as described in Section 3. The Employer is not required to follow the employeeprogressive steps of discipline for serious violations of the work rules as generally defined in Section 3 below.
C. A hearing before An employee has a right to request union representation during an investigative interview if the Boardemployee 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. 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 requested by the employee.
10.5 The following procedure will be followed when it is felt supervisor determines that an employee is consistently tardy or when it is felt that an employee consistently leaves early.
A. A personal warning in writing will be given to alleged offense may warrant oral counseling, the supervisor shall first schedule a meeting with the employee by to discuss the building Administrator with inappropriate behavior or performance problem and attempt to resolve the issue informally. The employee shall be informed that he/she has the right to have an FNSBEA representative present at the meeting. At this meeting the employee and 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 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 but no record shall be placed in the employee’s 's official personnel recordfile. If the problem is corrected within the specified time and there are no disciplinary actions within one (1) year, the plan shall be 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 reach agreement or the problem persists despite an agreement, the supervisor may administer disciplinary action as set forth in Sections 3 and 4.
C. After “A” Section 3 - Disciplinary Administration Disciplinary action will be administered on a case-by-case basis in a consistent and “B” above have been performed an employee who is tardy fair manner. The discipline imposed will depend upon intent and mitigating circumstances, including the employee's past record, length of service, existence of past discipline, and the potential detriment to the Employer resulting from the action. Suspension or leaves early during the school year, dismissal may be subject to dismissalappropriate for the first offense only for serious rule violations like theft, assault, dishonesty, fighting, intentional falsification of official records, possession or being under the influence of prohibited narcotics during duty hours, being under the influence of alcohol during duty hours, gross negligence or gross insubordination.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. 10.1 No bargaining unit member 1. The right of management to reprimand employees shall not be abrogated. However, criticisms or reprimands shall be disciplined without just cause, except as otherwise explicitly provided handled in this Agreementa private and professional manner in a reasonable time frame of the alleged concern. Any such discipline shall be subject to the grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or 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 Investigations leading to discipline up to and including discharge. The Board, in recognition should be started within fifteen (15) days 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly incident being reported to the offending employeeDepartment of Human Resources.
10.3 An employee shall have the right 2. A copy of any disciplinary material which relates to request activities while employed by KCPS 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 is placed 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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 permanent personnel file shall be given to the employee by at the building Administrator time of insertion to the permanent personnel file.
3. Upon the request of an employee or a recognized representative of SEIU and with the written permission of the employee involved, said employee or representative will meet with a copy sent representative of the Department of Human Resources and review the employee’s folder.
4. Before any letter of concern, or more serious action is taken, that may reasonably lead to discipline is placed in an employee’s permanent file, the Superintendent and employee shall first receive a copy of this warning inserted the letter 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.
5. 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 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 supervisor’s and the employee’s original signature. Employees shall sign where indicated to acknowledge receipt only, and not agreement with the written reprimand 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 employee’s personnel recordfile.
C. After “A” 8. Employer will consider the age and “B” above have been performed relevance of prior disciplinary information when making an employee who is tardy or leaves early during the school year, employment decision. Infractions which are over three years old may be subject not necessarily lead to dismissalan increased level of disciplinary response.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. 10.1 No bargaining unit member The parties agree with the tenets of progressive and corrective discipline and that it shall be disciplined without imposed only for just cause, except as otherwise explicitly provided in this Agreement. Any such discipline shall be subject to the grievance procedure herein set forth. The specific grounds forming Employer may impose the basis for disciplinary action will be made available to appropriate level of discipline based on the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or 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 facts 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 circumstances of the concept of progressive correction, matter at issue. Discipline 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 period for correction. This provision shall not prevent the Administrators from informal conferences with the employee, include but such conferences may not be used later for discipline unless the writing above indicated is delivered to the employee. Alleged breaches of discipline shall be promptly reported to the offending employee.
10.3 An employee shall have the right to request that a representative exclusive 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 following progressive steps of rules or other behavior which might result in disciplinary action when such meeting is made a portion of their personnel recordpriority:
1. An employee shall be given at least two (2) hours notice Oral warning with documentation 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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 filed in the employee’s personnel recordfile, this section is not subject to the grievance procedure. The affected employee shall be allowed to draft a rebuttal to the aforementioned documented discipline that shall remain a part of the employee’s personnel file.
C. After “A” 2. 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 rebuttal to the aforementioned documented discipline that shall remain a part of the employee’s personnel file.
3. Suspension without pay 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.
4. Demotion with pay reduction and “B” above have been performed 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.
5. 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 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 be informed clearly and concisely of the basis for such action. Furthermore, upon request of the employee, 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 who is tardy 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 leaves early during action. If the school yearemployer has reason to reprimand an employee, may it shall 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 dismissaldiscipline or discharge without recourse to the grievance procedure.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Employee Discipline. 10.1 No bargaining unit member 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 lead to disciplinary action or reprimand, shall have the right to request Association representation and 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 specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning informed of this section.
10.2 Abuses of sick leave or other leavesright. If representation is provided, 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly reported to the offending employee.
10.3 An employee shall have the right to request that a representative of be accompanied at the Group accompany them whenever they are required conference by up 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 representatives of the Association and shall be informed of this right.
2. Employees shall be given two (2) days’ notice and a statement of such a meeting the reason for the conference, except in cases deemed by the supervisor to be an emergency. When Association representation is requested, and the fact that an employee may request a representative is to be present shall 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 no way cause a delay of over twenty-four (24) hours if the representative is unable to attend at the specific time. This paragraph accordance with these conditions, shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of considered a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution part of the evaluation procedure employee's personnel file or record and neither the honoring fact of all employee’s rights included the conference nor any statements made at the conference may be used in the Agreement and applicable statutes.
B. The forwarding of a written explanation to any subsequent proceedings or reprimand involving the employee.
C. 4. A hearing before conference as described above, shall not prohibit the Boardsupervisor from engaging in conversation, if requested by discussion, and/or clarification, with any employee nor prohibit the employeesupervisor from addressing such previous occurrences in the conference.
10.5 The following procedure will 5. Disciplinary action may not be followed when it is felt that taken against an employee is consistently tardy or when it is felt unless substantiated by evidence that supports the recommended disciplinary action.
6. Where substantiated evidence warrants such action(s), an employee consistently leaves early.
A. A personal warning in writing will may be given to demoted, suspended, or dismissed upon recommendation of the employee by the building Administrator with a copy sent immediate supervisor to the Superintendent.. Unless circumstances warrant immediate disciplinary action, progressive discipline shall be administered as follows:
B. A second personal warning in writing 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 review all documents or records relied upon to support the proposed action and 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 recordupon request.
C. After “A” 8. When a principal/supervisor deems it necessary to discipline an employee, said disciplinary action should be made in private and “B” above have been performed an employee who is tardy or leaves early during the school year, may be subject to dismissalwith discretion.
Appears in 2 contracts
Sources: Education Staff Professionals Contract, Education Staff Professionals Contract
Employee Discipline. 10.1 No A.1 Should a violation of (but not limited to) Administrative rules or regulations occur, for which an employee may be disciplined, the following progressive disciplinary procedure is set forth in order to insure the fair, timely and equitable treatment of employees in matters of disciplinary action. Infractions of rules and regulations 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 member shall be disciplined without just cause, except as otherwise explicitly provided in this Agreement. Any such discipline shall be subject to disciplinary under the grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or other leaves, chronic tardiness or absences, deficiencies in performance, or other violations of Board policy following procedures: 1st Level: Verbal reprimand by an employee reflect adversely upon the employee’s profession and create undesirable conditions immediate supervisor. A record of this reprimand will be placed in the School Districtemployee’s personnel file and retained for not more than one (1) year if no further infraction occurs. It is recognized that an 2nd Level: Written reprimand by the employee’s immediate Supervisor. The employee shall receive a copy of the written reprimand and, upon request, a meeting with his/her immediate Supervisor will be held to discuss the problem. 3rd Level: Suspension, without pay, up to three (3) days. An employee who engages continues the behavior(s) necessitating the use of this procedure will, after the third occurrence, be suspended for up to three (3) work days without pay. The employee shall also receive written warning that the commission of another infraction may result in such activity is subject the employee’s discharge. Upon the employee’s return from suspension, a meeting will be held with the employee, the OAPSE Field Representative, and the Superintendent or his designee, to discipline 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 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly reported to the offending employee.
10.3 An employee shall have the right to 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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
Sources: Negotiations Agreement, Negotiations Agreement
Employee Discipline. 10.1 No bargaining unit member The Employer agrees with the tenets of progressive and corrective discipline and that it shall be disciplined imposed only for just cause (probationary employees without cause). Discipline may include the following steps, which are not exhaustive:
(A) Oral warning with documentation of such filed in the employee's personnel file.
(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. However, the Employer shall retain the right to invoke discipline which it determines to be appropriate under the circumstances surrounding each individual incident giving rise to disciplinary action, provided just causecause exists (except for probationary employees). Therefore, except the Employer may invoke either a suspension or discharge without oral warning or written reprimand should the seriousness of the offense warrant suspension or discharge without oral warning or written warning. Prior to actual imposition of a suspension without pay, the employee will be afforded an opportunity to discuss his/her 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 discuss the matter with the Village Administrator. Such discussion should take place as otherwise explicitly provided in this Agreement. Any such discipline soon as practicable and not be unduly or unreasonably delayed, and the employee shall be subject to the grievance procedure herein set forth. The specific grounds forming informed clearly and concisely of the basis for such action. All disciplinary action will (including verbal warnings if documented) shall be made available to signed by the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or other leaves, chronic tardiness or absences, deficiencies in performance, or other violations of Board policy as having been received 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly reported to the offending employee.
10.3 An employee shall have the right to 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently tardy or when it is felt that an employee consistently leaves early.
A. A personal warning in writing will be agreed to, with a copy given to the employee by prior to placement in the building Administrator with a copy sent to the Superintendent.
B. A second personal warning in writing shall be given to personnel file, unless the employee by refuses to sign the building Administrator with a copy sent disciplinary action in which case the Employer shall so indicate on the disciplinary action that the employee has refused to the Superintendent and a copy of this warning inserted in the employee’s personnel recordsign it.
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 1 contract
Sources: Collective Bargaining Agreement
Employee Discipline. 10.1 No bargaining unit member a. The Agency retains the right to equitably discipline employees for just cause. Disciplinary actions shall be disciplined without just causeprogressive and, except as otherwise explicitly provided in this Agreement. Any such discipline when possible, shall be subject 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 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 grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline Union within the meaning of this section.
10.2 Abuses of sick leave or 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 three (3) days of the concept date such action was taken. When practical, a prior notice of progressive correction, investigatory meeting(s) 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 period for correction. This provision shall not prevent the Administrators from informal conferences with the employee, but such conferences may not be used later for discipline unless the writing above indicated is delivered provided to the employee. Alleged breaches of discipline When a request for representation is made no disciplinary action shall be promptly reported to the offending employee.
10.3 An employee shall have the right to request that taken until a representative can be present with the exception of the Group accompany them whenever they are required to attend administrative leave with pay. Representation can occur by teleconference. If 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 representative is made a portion of their personnel record. An employee shall be given at least not available within two (2) hours notice days, the investigatory meeting may be held without Union representation at the Agency’s discretion.
d. The 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 such a meeting management. The specific allegation(s) must be cited and the fact that employee must be given an employee may request a representative opportunity 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informallyrespond.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause e. The Agency agrees to administer disciplinary action and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutesdischarge equitably.
B. f. The forwarding of a written explanation Agency agrees to the explore various alternatives available for disciplinary action prior to terminating any employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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 1 contract
Sources: Collective Bargaining Agreement
Employee Discipline. 10.1 A.) No bargaining unit member employee shall be disciplined disciplined, reprimanded, suspended, reduced in rank, or docked without just cause, except as otherwise explicitly provided . Only discipline resulting in this Agreement. Any such discipline discharge during the school term for cause or suspension without pay of more than five (5) working days shall be subject to the arbitration provisions of the grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this sectionprocedure.
10.2 Abuses of sick leave or 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. B.) The Board, the Superintendent or her/his designee (administrator), may progressively discipline an employee through oral reprimands, written reprimands, suspensions with or without pay, reductions in recognition rank, docking, or a change in assignment.
C.) The Board recognizes the 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 concept 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 correctiondiscipline is not warranted.
D.) An employee may have a representative of the Association present at any meeting which could result in disciplinary action, shall notify the including investigatory meetings. The employee in writing whenever such notice might will be used later for discipline of employee of alleged delinquencies, indicate expected correction, and indicate provided sufficient time to acquire a reasonable period for correctionrepresentative. This provision The right to a representative shall not prevent the Administrators from informal apply to evaluation conferences with the employeeor informal, but such conferences may not be used later for discipline unless the writing above indicated is delivered to the employee. Alleged breaches of discipline shall be promptly reported to the offending employeeimpromptu discussions regarding employee evaluation or observation.
10.3 An 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 be represented by the 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 given written notice of the nature of the charge and informed of his/her right to be represented by the Association at such 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.
F.) When any employee is required to appear before the Board, a Board committee, or a Board member concerning any matter which could adversely affect the continuation of that employee in their position of employment, the employee and Association President shall be given reasonable prior written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Group accompany them whenever they are required 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 be construed to permit the employees to refuse to attend a meeting at which they are to be reprimanded, warned said required appearance before the Board 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informallyBoard committee.
10.4 Discharge G.) The Board acknowledges that no retaliation for participation in Association activities is allowed by the District Administration or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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 1 contract
Sources: Collective Bargaining Agreement
Employee Discipline. 10.1 A. No bargaining unit member employee shall be disciplined without just cause. For the purpose of this Article, except as otherwise explicitly provided in this Agreement. Any such discipline shall be subject to the grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee include verbal and written reprimands or warnings placed in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or 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 personnel file, suspension and create undesirable conditions in discharge.
B. An employee who is disciplined has the School Districtright to use the grievance procedure. It is recognized that In the case of suspension without pay or discharge, the grievance shall be initiated at Step 2 and such hearing shall be deemed a hearing under ORS 342.663. In the case of an employee who engages in such activity is subject 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 discipline up to and including dischargeconsidering the following:
1. The Board, in recognition of the concept of progressive correction, shall notify Was the employee in writing whenever such notice might be used later for discipline of warned?
2. Was the employee of alleged delinquencies, indicate expected correction, and indicate a reasonable period for correction. This provision shall not prevent the Administrators from informal conferences with the employee, but such conferences may not be used later for discipline unless the writing above indicated is delivered given an opportunity to the employee. Alleged breaches of discipline shall be promptly reported to the offending employee.improve?
10.3 C. An employee shall have the right to request that attach a representative of the Group accompany them whenever they are required written statement to attend a meeting at which they are to be reprimanded, warned any written warning or disciplined for any infraction of rules or other behavior which might result reprimand and have such statement placed in disciplinary action when such meeting is made a portion of their his/her personnel record. file.
D. An employee shall be given at least two (2) hours notice of such a meeting and have the fact that an employee may request 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 be present shall in no way cause a delay of over twenty-four (24) hours if the representative is unable to attend at the specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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 recordwork 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.
C. After “A” E. Whenever practicable, discipline shall be administered in private and “B” above have been performed an employee who 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 the offense shall determine where progressive discipline is tardy or leaves early during the school year, may be subject to dismissalinitiated.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Employee Discipline. 10.1 No bargaining unit member employee 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 specific grounds forming the basis for disciplinary action will be made available in writing to the employee employee, and when requested by the employee, to the Association in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or other leavesDiscipline is defined as verbal warning, chronic tardiness or absenceswritten warning, deficiencies in performancesuspension without pay, 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 Boardparties agree that routine, in recognition 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 the concept of progressive correctionemployer’s rules and/or behavior standards, shall notify the employee in writing whenever such notice might be used later for communication is not discipline of employee of alleged delinquenciesand, indicate expected correctionas a result, and indicate a reasonable period for correction. This provision shall is not prevent the Administrators from informal conferences with the employee, but such conferences may not be used later for discipline unless the writing above indicated is delivered subject to the employee. Alleged breaches of discipline shall be promptly reported to the offending employee.
10.3 An employee shall have the right to 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 recordthis procedure. An employee shall be given at least two (2) hours notice of such a meeting and the fact informed, prior to any discipline, that an employee may request 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 present utilized unless the severity of the employee’s offense requires deviation from this procedure. All disciplinary action shall in no way cause be appropriate to the behavior which precipitates the discipline. The District shall provide a delay of over twenty-four (24) hours procedure for use by parents, students or other persons for registering complaints against employees which shall include the following if the representative complaint is to provide a basis for disciplinary action:
1. The complainant shall be asked to put the complaint in writing. If the complainant is unable or unwilling to attend at do this, the specific timeoral complaint must be repeated in the presence of the employee and supervisor.
2. This paragraph 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 interpreted to prevent administrators and employees from conferring informallylegally provided.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. 3. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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 an opportunity to the employee by the building Administrator with a copy sent respond to the Superintendent this complaint orally and/or in writing, 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 yearwhen feasible, may be subject to dismissalrequest that the principal arrange a conference with the involved parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Employee Discipline. 10.1 No bargaining unit member shall be disciplined without just causeSection 1 - General
A. The FNSBEA recognizes the Employer's right to adopt and implement reasonable rules and regulations pertinent to safety, except as otherwise explicitly provided in this Agreementstandards of conduct, and work rules. Any such discipline All employees shall be subject to the grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or other leavessuch rules and regulations, chronic tardiness or absences, deficiencies in performance, or other and 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 directives shall 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 period for correction. This provision shall not prevent the 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 discipline shall be promptly reported to the offending employee.
10.3 An employee shall have the right to 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 specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informally.
10.4 Discharge or demotion in the employment status of a bargaining unit member shall be for just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutessanctions.
B. The forwarding Employer shall not discipline or discharge a regular employee without just cause. When disciplining employees, the Employer shall follow the principles of a progressive discipline which include oral counseling, written explanation reprimand, suspension(s) without pay, and discharge as described in Section 3. The Employer is not required to follow the employeeprogressive steps of discipline for serious violations of the work rules as generally defined in Section 3 below.
C. A hearing before An employee has a right to request union representation during an investigative interview if the Boardemployee 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. 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 requested by the employee.
10.5 The following procedure will be followed when it is felt supervisor determines that an employee is consistently tardy or when it is felt that an employee consistently leaves early.
A. A personal warning in writing will be given to alleged offense may warrant oral counseling, the supervisor shall first schedule a meeting with the employee by to discuss the building Administrator with inappropriate behavior or performance problem and attempt to resolve the issue informally. The employee shall be informed that he/she has the right to have an FNSBEA representative present at the meeting. At this meeting the employee and 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 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 but no record shall be placed in the employee’s 's official personnel recordfile. If the problem is corrected within the specified time and there are no disciplinary actions within one (1) year, the plan shall be 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 reach agreement or the problem persists despite an agreement, the supervisor may administer disciplinary action as set forth in Sections 3 and 4.
C. After “A” Section 3 - Disciplinary Administration Disciplinary action will be administered on a case-by-case basis in a consistent and “B” above have been performed an employee who is tardy fair manner. The discipline imposed will depend upon intent and mitigating circumstances, including the employee's past record, length of service, existence of past discipline, and the potential detriment to the Employer resulting from the action. Suspension or leaves early during the school year, dismissal may be subject to dismissalappropriate for the first offense only for serious rule violations like theft, assault, dishonesty, fighting, intentional falsification of official records, possession or being under the influence of prohibited narcotics during duty hours, being under the influence of alcohol during duty hours, gross negligence or gross insubordination.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Employee Discipline. 10.1
A. No bargaining unit member employee shall be disciplined without just cause. For the purpose of this Article, except as otherwise explicitly provided in this Agreement. Any such discipline shall be subject to the grievance procedure herein set forth. The specific grounds forming the basis for disciplinary action will be made available to the employee include verbal and written reprimands or warnings placed in writing. The termination of a probationary employee does not constitute discipline within the meaning of this section.
10.2 Abuses of sick leave or 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 personnel file, suspension and create undesirable conditions in discharge.
B. An employee who is disciplined has the School Districtright to use the grievance procedure. It is recognized that In the case of suspension without pay or discharge, the grievance shall be initiated 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 who engages in such activity is subject with more than six (6) months of service, the arbitrator shall be limited to discipline up to and including dischargeconsidering the following:
1. The Board, in recognition of the concept of progressive correction, shall notify Was the employee in writing whenever such notice might be used later for discipline of warned?
2. Was the employee of alleged delinquencies, indicate expected correction, and indicate a reasonable period for correction. This provision shall not prevent the Administrators from informal conferences with the employee, but such conferences may not be used later for discipline unless the writing above indicated is delivered given an opportunity to the employee. Alleged breaches of discipline shall be promptly reported to the offending employee.improve?
10.3 C. An employee shall have the right to request that 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 Group accompany them whenever they are required employee’s work performance. Prior to attend such a meeting at meeting, the employee will be provided written notice of its purpose and the right to a representative present during the meeting.
E. Whenever practicable, discipline shall be administered in private and shall be progressive. Progressive discipline shall mean verbal warning, written warning (which they are to be reprimandedmay include placement on probation, warned or disciplined for any infraction including improvement expected), suspension without pay, and termination. The nature of rules the offense shall determine where progressive discipline is initiated.
F. If a complaint from a parent, co-worker, or other behavior which might result in disciplinary action when such meeting non-supervisory third party is made a portion of their personnel record. An used to support discipline, the employee shall be given at least two (2) hours notice the name of such a meeting the complainant and copies of 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 complaint or the representative is unable to attend at the specific time. This paragraph shall not be interpreted to prevent administrators and employees from conferring informallysupervisor’s documentation thereof.
10.4 Discharge or demotion in the employment status of a bargaining unit member 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 just cause and preceded by:
A. The faithful execution of the evaluation procedure and the honoring of all employee’s rights included in the Agreement and applicable statutes.
B. The forwarding of a written explanation to the employee.
C. A hearing before the Board, if requested by the employee.
10.5 The following procedure will be followed when it is felt that an employee is consistently 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.three
Appears in 1 contract
Sources: Collective Bargaining Agreement