Common use of Employees' Rights Clause in Contracts

Employees' Rights. A. At any meeting or investigation, at any level of the appeal and hearing procedure, the Employee and/or Union representative (with authorization from the Employee) shall be allowed to get whatever information is desired from the Employee’s personnel file. B. Any disciplinary action resulting in suspension or discharge shall be reported to the Union within two (2) days, and confirmed by letter within three (3) days of the date and time of notification of the Employee. C. If at the meeting or a subsequent hearing, the Employee who was suspended is determined to be completely blameless of charges regarding the offense; the Employee shall be reinstated to their former position without loss of METRO or classification seniority and will be paid wages lost as though the Employee had not been suspended. It is agreed that no entry shall be made on the Employee’s record of the suspension, if the Employee was found to be completely blameless. If it is found that the Employee in question was partially blameless, then METRO may reduce the penalty and/or return some or all of the Employee’s lost wages. D. An Employee shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Employee’s record as long as the complaint or charge remains on file. E. The Employee shall have the right to Union representation at any meeting or hearing that the Employee has a reasonable basis to suspect may result in discipline. The Employee’s representative, or the Employee if not represented, will be allowed to question all witnesses. F. Adverse notations on the Employee’s record that result in a three (3) day suspension or less which are more than twelve (12) months old shall not be used for future discipline. Disciplinary suspensions of more than three (3) days which are more than five (5) years old shall not be used for future discipline. G. No adverse entry shall be placed in an Employee’s file unless written and signed by the person making the charge or complaint. Hearsay evidence shall not be the basis for discipline or adverse entry in the Employee’s record. Written declarations signed by the witness may be used as evidence. An Employee cannot be suspended as a result of a passenger complaint, unless the Employee has the right to face their accusers or witnesses in person. If METRO suspends or discharges an Employee under provisions of 16.01B prior to the completion of the first or second level hearing, the Employee has the right to face their accusers or witnesses in person before the discipline is imposed.

Employees' Rights. A. At any meeting or investigation, at any level of the appeal and hearing procedure, the Employee and/or Union representative (with authorization from the Employee) shall be allowed to get whatever information is desired from the Employee’s personnel file. B. Any disciplinary action resulting in suspension or discharge shall be reported to the Union within two (2) days, and confirmed by letter within three (3) days of the date and time of notification of the Employee. C. If at the meeting or a subsequent hearing, the Employee who was suspended is determined to be completely blameless of charges regarding the offense; the Employee shall be reinstated to their former position without loss of METRO or classification seniority and will be paid wages lost as though the Employee had not been suspended. It is agreed that no entry shall be made on the Employee’s record of the suspension, if the Employee was found to be completely blameless. If it is found that the Employee in question was partially blameless, then METRO may reduce the penalty and/or return some or all of the Employee’s lost wages. D. An Employee shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Employee’s record as long as the complaint or charge remains on file. E. The Employee shall have the right to Union representation at any meeting or hearing that the Employee has a reasonable basis to suspect may result in discipline. The Employee’s representative, or the Employee if not represented, will be allowed to question all witnesses. F. Adverse notations on the Employee’s record that result in a three (3) day suspension or less which are more than twelve (12) months old shall not be used for future discipline. Disciplinary suspensions of more than three (3) days which are more than five (5) years old shall not be used for future discipline. G. No adverse entry shall be placed in an Employee’s file unless written and signed by the person making the charge or complaint. Hearsay evidence shall not be the basis for discipline or adverse entry in the Employee’s record. Written declarations signed by the witness may be used as evidenceSection 1. An Employee cannot be suspended as a result of a passenger complaint, unless the Employee has the right to face their accusers the presence and advice of an OPBA representative and/or an attorney at all disciplinary hearings and/or interrogations where disciplinary action, as defined in Article 31 is reasonably anticipated. This section shall not apply to communications or witnesses conversations intended to provide instructions, training or corrections of work performance or techniques. Section 2. An Employee who is to be questioned, as a suspect in personany investigation of any criminal charge against him, shall be advised of his constitutional rights before any questioning starts. Section 3. Before an Employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be advised that his refusal to answer such questions or participate in such investigation will be the basis of such a charge. Section 4. Questioning or interviewing of an Employee in the course of an internal investigation will be conducted at hours reasonable related to the Employee's shift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. In addition, the Employee may record such interrogation if he has a recording device available so as not to delay the investigation. The Employer may have a transcript of such recording at the Employer's expense. Section 5. An Employee will be informed of the nature of any investigation of himself prior to any questioning. If METRO suspends or discharges the Employee being questioned is, at that time, a witness and not under investigation, he shall be so advised. Section 6. An Employee may request an opportunity to review his Personnel file, and may have a representative of the OPBA present when reviewing his file. A request for copies of items included in the file shall be honored. All items in an Employee's file with regard to complaints and investigations will be clearly marked with respect to final disposition. Section 7. In the course of an internal affairs investigation, a polygraph examination will be administered only with the consent of the Employee under investigation. If, in the course of an internal investigation, an Employee under provisions has been given a polygraph examination, such examination shall not be used in any subsequent criminal court action. Section 8. All complaints by civilians which may involve suspension or discharge of 16.01B prior an Employee, shall be in writing and signed by the complainant. The Employer will furnish a copy of the complaint to the Employee whom the complaint has been filed against when such Employee is notified of the investigation. Upon completion of the first or second level hearinginvestigation, the Employee has will be given, in writing, a copy of the right to face their accusers or witnesses in person before the discipline is imposedresults and final disposition of said investigation.

Employees' Rights. A. At any meeting or investigation, at any level Section 36.1. A bargaining unit member who is to be questioned as a suspect in an investigation shall be informed of the appeal nature of this investigation prior to any questioning, and hearing procedureshall be informed to the extent known at that time, whether the investigation is focused on the member for a potential charge. If requested, the member shall be given a brief time prior to any questioning to locate and review any written documents the Employee and/or Union representative (possesses regarding the event(s) being investigated, in order to fully prepare to accurately and completely respond to the questioning. Section 36.2. A bargaining unit member who is to be questioned as a suspect in an internal investigation that may lead to criminal charges, shall be advised of the member’s constitutional rights in accordance with authorization from law. Section 36.3. Any interrogation, questioning or interviewing of a bargaining unit member will be conducted at hours related to the Employee) member’s shift, preferably during working hours. Interrogation sessions shall be for reasonable periods of time and shall be allowed during such questioning for attendance to get whatever information is desired from the Employee’s personnel filephysical necessities. B. Any disciplinary action resulting Section 36.4. An Employee who has a reasonable belief that answering questions may lead to discipline may request the presence of an OLC representative, in suspension which case, questioning may be postponed for up to twenty-four (24) hours (or discharge other mutually agreed period of time). Employees who are the focus of a criminal investigation and who choose to exercise their Miranda rights shall be reported to afforded all rights as set forth in Miranda. Section 36.5. When a bargaining unit member suspected of a violation is being interrogated in an internal investigation, such interrogation shall be recorded by the Union within two Police Department at the request of either party. In the event that the Employer’s investigation lasts beyond thirty (230) days, the Chief of Police will notify the Township Administrator and confirmed by letter within three the Employee, in writing, as to the status of the investigation and an estimated completion date. The Chief of Police will repeat this notification every thirty (330) days of the date and time of notification of the Employee. C. If at the meeting or a subsequent hearing, the Employee who was suspended is determined to be completely blameless of charges regarding the offense; the Employee shall be reinstated to their former position without loss of METRO or classification seniority and will be paid wages lost as though the Employee had not been suspended. It is agreed that no entry shall be made on the Employee’s record of the suspension, if the Employee was found to be completely blameless. If it is found that the Employee in question was partially blameless, then METRO may reduce the penalty and/or return some or all of the Employee’s lost wages. D. An Employee shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Employee’s record as long as the complaint or charge remains on file. E. The Employee shall have the right to Union representation at any meeting or hearing that until the Employee has been notified of the final disposition of the case. Section 36.6. When a reasonable basis bargaining unit member is to suspect may result be interviewed in disciplinean investigation of any other bargaining unit member, such interview shall be conducted in accordance with the procedures established herein. Section 36.7. A bargaining unit member (the FOP representative and FOP attorney when one is involved) who is charged with violating Department Rules and Regulations, shall be provided access to all transcripts, records, written statement(s), and video and audio tapes. Such access shall be provided reasonably in advance of any hearing. Section 36.8. The Employee’s representative, Employer agrees that it will not require an Employee to take a polygraph examination or the Employee if not represented, will be allowed to question all witnessesany other similar test. F. Adverse notations on the Employee’s record that result Section 36.9. The Employer agrees to treat all members in a three (3) day suspension or less which are more than twelve (12) months old shall not be used for future discipline. Disciplinary suspensions of more than three (3) days which are more than five (5) years old shall not be used for future disciplinean equal and fair manner. G. No adverse entry Section 36.10. If any of these procedures are violated, such violations shall be placed in an Employee’s file unless written and signed by the person making the charge or complaint. Hearsay evidence shall not be the basis for discipline or adverse entry in the Employee’s record. Written declarations signed by the witness may be used as evidence. An Employee cannot be suspended as a result of a passenger complaint, unless the Employee has the right to face their accusers or witnesses in person. If METRO suspends or discharges an Employee under provisions of 16.01B prior subject to the completion of the first or second level hearing, the Employee has the right to face their accusers or witnesses in person before the discipline is imposedGrievance Procedure.

Employees' Rights. A. At any meeting or investigation, at any level of the appeal and hearing procedure, the Employee and/or Union representative (with authorization from the Employee) shall be allowed to get whatever information is desired from the Employee’s Employee‘s personnel file. B. Any disciplinary action resulting in suspension or discharge shall be reported to the Union within two (2) days, and confirmed by letter within three (3) days of the date and time of notification of the Employee. C. If at the meeting or a subsequent hearing, the Employee who was suspended is determined to be completely blameless of charges regarding the offense; the Employee she shall be reinstated to their her former position without loss of METRO or classification seniority and will be paid wages lost as though the Employee she had not been suspended. It is agreed that no entry shall be made on the Employee’s Employee‘s record of the suspension, if the Employee was found to be completely blameless. If it is found that the Employee in question was partially blameless, then METRO may reduce the penalty and/or return some or all of the Employee’s Employee‘s lost wages. D. An Employee shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Employee’s Employee‘s record as long as the complaint or charge remains on file. E. The Employee shall have the right to Union representation at any meeting or hearing that the Employee she has a reasonable basis to suspect may result in discipline. The Employee’s Employee‘s representative, or the Employee if not represented, will be allowed to question all witnesses. F. Adverse notations on the Employee’s Employee‘s record that result in a three (3) day suspension or less which are more than twelve (12) months old shall not be used for future discipline. Disciplinary suspensions of more than three (3) days which are more than five (5) years old shall not be used for future discipline. G. No adverse entry shall be placed in an Employee’s Employee‘s file unless written and signed by the person making the charge or complaint. Hearsay evidence shall not be the basis for discipline or adverse entry in the Employee’s Employee‘s record. Written declarations signed by the witness may be used as evidence. An Employee cannot be suspended as a result of a passenger complaint, unless the Employee has the right to face their her accusers or witnesses in person. If METRO suspends or discharges an Employee under provisions of 16.01B prior to the completion of the first or second level hearing, the Employee has the right to face their her accusers or witnesses in person before the discipline is imposed.

Employees' Rights. A. At any meeting or investigation4.01 Effective January 1, at any level of the appeal and hearing procedure2000, the Employee and/or Union representative (with authorization from the Employee) every employee shall be allowed subject to get whatever information is desired from the Employee’s personnel file. B. Any disciplinary action resulting in suspension or discharge shall be reported to the Union within two a probationary period of one hundred and twenty (2120) days, and confirmed by letter within three (3) calendar days of continuous employment, commencing on the date and time of notification of his/her employment, during which period the Employee. C. If at the meeting or a subsequent hearing, the Employee who was suspended is determined to be completely blameless of charges regarding the offense; the Employee shall be reinstated to their former position without loss of METRO or classification seniority and will be paid wages lost as though the Employee had not been suspended. It is agreed that no entry shall be made on the Employee’s record of the suspension, if the Employee was found to be completely blameless. If it is found that the Employee in question was partially blameless, then METRO may reduce the penalty and/or return some or all of the Employee’s lost wages. D. An Employee shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Employee’s record as long as the complaint or charge remains on file. E. The Employee Corporation shall have the right to Union representation discharge such employee without grievance, provided that every employee shall have the right to grieve on any other matter coming within the scope of this agreement and shall otherwise enjoy the rights, privileges and benefits, and shall conscientiously perform and observe all obligations and responsibilities contained in this agreement. 4.02 During the said probationary period, if an employee is laid off or absent from work for any period not exceeding fourteen (14) calendar days, such lay-off or period of absence shall not be deemed to be an interruption of his/her continuous employment, provided however, the probationary period shall be extended by the amount of time equal to the length of the lay-off or absence. Should the period of lay-off or absence extend beyond a period of fourteen (14) calendar days, it shall be deemed to be an interruption of continuous employment and if the employee is rehired at a future date, the period of probation shall commence from the date of re-employment. 4.03 During the time that an employee is serving a probationary period in accordance with the terms of this Article, he/she shall be known as a probationary employee, and thereafter he/she shall be known as a regular employee. The term "Employee" as used throughout this agreement shall be deemed to include either or both probationary and regular employees in accordance with the context, unless otherwise stated. 4.04 Upon satisfactory completion of the probationary period aforesaid, the seniority of an employee shall be effective from the date upon which the probationary period commenced, and he/she shall not be required to serve a further probationary period upon being rehired by the Corporation after any lay-off up to twenty-four (24) months in duration, provided that, if such lay-off exceeds twenty-four (24) months in duration the provisions of this agreement shall apply to such employee in the same manner as if he/she were a new employee. 4.05 An employee shall be deprived of any further rights under this agreement if any of the following events shall occur: (1) If he/she voluntarily quits the employ of the Corporation, (2) If he/she is discharged and such discharge is not set aside under the grievance and arbitration procedures herein, (3) If he/she is laid off for a continuous period exceeding twenty-four (24) months calculated from the date of lay-off, (4) If he/she withdraws contributions to the pension fund at any meeting or hearing that the Employee has time, (5) If he/she is absent from work without permission for a reasonable basis to suspect may result in discipline. The Employee’s representative, or the Employee if not represented, will be allowed to question all witnesses. F. Adverse notations on the Employee’s record that result in a period of three (3) day suspension or less which are more than twelve (12) months old shall not be used for future discipline. Disciplinary suspensions consecutive working days, unless such absence was caused by circumstance, beyond the control of more than three (3) days which are more than five (5) years old shall not be used for future discipline. G. No adverse entry shall be placed in an Employee’s file unless written and signed by the person making the charge or complaint. Hearsay evidence shall not be the basis for discipline or adverse entry in the Employee’s record. Written declarations signed by the witness may be used as evidence. An Employee cannot be suspended such employee, as a result of a passenger complaint, unless which he/she was unable to advise the Employee has the right to face their accusers or witnesses in person. If METRO suspends or discharges an Employee under provisions of 16.01B prior to the completion Corporation of the first reason for his/her absence, (6) If the Corporation shall serve notice on an employee by certified mail kit, registered mail, or second level hearingtelegram to such employee at his/her last known address, requiring the Employee employee to return to work following a period of lay-off and, (i) the employee fails to notify the Corporation within seven (7) calendar days after the delivering of such notice, of his/her intention to return to work, or (ii) after having so notified the Corporation the employee fails to return to work on the appointed day, (7) On confirmation of his/her appointment in any position outside the bargaining unit, (8) If the employee fails to make application as prescribed in Article 19.04 (4) to return to work following such approved leave, or having made application does not report to work except for just cause on the appropriate date. 4.06 All employees shall notify their Department Heads in writing within one (1) week of any change in their address, telephone number, marital status and number of dependents. (a) Where students are employed by the Corporation during the summer school break, they shall be considered as probationary employees for the full period of their employment and while so engaged shall receive the student rate and shall not be employed beyond September 30. No students shall be hired if any member of the bargaining unit who has achieved seniority, has been laid off nor shall such students be hired to displace any member of the right to face bargaining unit who has achieved seniority. Any students hired shall not achieve seniority under this agreement notwithstanding their accusers length of service in any year or witnesses their accumulation of length of service in person before the discipline is imposedany number of years.

Employees' Rights. A. At any meeting or investigation4.01 Effective January 1, at any level of the appeal and hearing procedure2000, the Employee and/or Union representative (with authorization from the Employee) every employee shall be allowed subject to get whatever information is desired from the Employee’s personnel file. B. Any disciplinary action resulting in suspension or discharge shall be reported to the Union within two a probationary period of one hundred and twenty (2120) days, and confirmed by letter within three (3) calendar days of continuous employment, commencing on the date and time of notification of his employment, during which period the Employee. C. If at the meeting or a subsequent hearing, the Employee who was suspended is determined to be completely blameless of charges regarding the offense; the Employee shall be reinstated to their former position without loss of METRO or classification seniority and will be paid wages lost as though the Employee had not been suspended. It is agreed that no entry shall be made on the Employee’s record of the suspension, if the Employee was found to be completely blameless. If it is found that the Employee in question was partially blameless, then METRO may reduce the penalty and/or return some or all of the Employee’s lost wages. D. An Employee shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Employee’s record as long as the complaint or charge remains on file. E. The Employee Corporation shall have the right to Union representation discharge such employee without grievance, provided that every employee shall have the right to grieve on any other matter coming within the scope of this agreement and shall otherwise enjoy the rights, privileges and benefits, and shall conscientiously perform and observe all obligations and responsibilities contained in this agreement. 4.02 During the said probationary period, if an employee is laid off or absent from work for any period not exceeding fourteen (14) calendar days, such lay-off or period of absence shall not be deemed to be an interruption of his continuous employment, provided however, the probationary period shall be extended by the amount of time equal to the length of the lay-off or absence. Should the period of lay-off or absence extend beyond a period of fourteen (14) calendar days, it shall be deemed to be an interruption of continuous employment and if the employee is rehired at a future date, the period of probation shall commence from the date of re-employment. 4.03 During the time that an employee is serving a probationary period in accordance with the terms of this Article, he shall be known as a probationary employee, and thereafter he shall be known as a regular employee. The term "Employee" as used throughout this agreement shall be deemed to include either or both probationary and regular employees in accordance with the context, unless otherwise stated. 4.04 Upon satisfactory completion of the probationary period aforesaid, the seniority of an employee shall be effective from the date upon which the probationary period commenced, and he shall not be required to serve a further probationary period upon being rehired by the Corporation after any lay-off up to twenty-four (24) months in duration, provided that, if such lay-off exceeds twenty-four (24) months in duration the provisions of this agreement shall apply to such employee in the same manner as if he were a new employee. 4.05 An employee shall be deprived of any further rights under this agreement if any of the following events shall occur: (1) If he voluntarily quits the employ of the Corporation, (2) If he is discharged and such discharge is not set aside under the grievance and arbitration procedures herein, (3) If he is laid off for a continuous period exceeding twenty-four (24) months calculated from the date of lay-off, (4) If he withdraws his contributions to the pension fund at any meeting or hearing that the Employee has time, (5) If he is absent from work without permission for a reasonable basis to suspect may result in discipline. The Employee’s representative, or the Employee if not represented, will be allowed to question all witnesses. F. Adverse notations on the Employee’s record that result in a period of three (3) day suspension consecutive working days, unless such absence was caused by circumstance, beyond the (6) If the Corporation shall serve notice on an employee by certified mail kit, registered mail, or less which telegram to such employee at his/her last known address, requiring the employee to return to work following a period of lay-off and, (i) the employee fails to notify the Corporation within seven (7) calendar days after the delivering of such notice, of his/her intention to return to work, or (ii) after having so notified the Corporation the employee fails to return to work on the appointed day, (7) On confirmation of his appointment in any position outside the bargaining unit, (8) If the employee fails to make application as prescribed in Article 19.04 (4) to return to work following such approved leave, or having made application does not report to work except for just cause on the appropriate date. 4.06 All employees shall notify their Department Heads in writing within one (1) week of any change in their address, telephone number, marital status and number of dependents. (a) Where students are more than twelve (12) months old employed by the Corporation during the summer school break, they shall be considered as probationary employees for the full period of their employment and while so engaged shall receive the student rate and shall not be used for future disciplineemployed beyond September 30. Disciplinary suspensions No students shall be hired if any member of more than three (3) days which are more than five (5) years old the bargaining unit who has achieved seniority, has been laid off nor shall such students be hired to displace any member of the bargaining unit who has achieved seniority. Any students hired shall not be used for future disciplineachieve seniority under this agreement notwithstanding their length of service in any year or their accumulation of length of service in any number of years. G. No adverse entry shall be placed in an Employee’s file unless written and signed by the person making the charge or complaint. Hearsay evidence shall not be the basis for discipline or adverse entry in the Employee’s record. Written declarations signed by the witness may be used as evidence. An Employee cannot be suspended as a result of a passenger complaint, unless the Employee has the right to face their accusers or witnesses in person. If METRO suspends or discharges an Employee under provisions of 16.01B prior to the completion of the first or second level hearing, the Employee has the right to face their accusers or witnesses in person before the discipline is imposed.