Formal Disciplinary Actions. An employee shall have the right to representation during the formal disciplinary process.
1. If the Agency, after investigation, intends to take disciplinary action against an employee other than oral or written reprimand, it shall give the affected employee written notice of the intended disciplinary action, including the causes for the intended disciplinary action, the acts or omissions that constitute the causes of the intended disciplinary action, the material upon which the action was based, the effective date of the intended disciplinary action, and the employee’s assigned Xxxxxx Officer.
2. The affected employee shall have the right to a pre-disciplinary review process (Xxxxxx process). The employee or his/her representative shall have up to five (5) working days from the notice of intent to take action to contact the Xxxxxx Officer to schedule a response to the proposed disciplinary action. The Xxxxxx Officer shall make a recommendation to the General Manager or designee within five (5) working days of the meeting.
3. The General Manager or designee shall consider the recommendations and issue a final written determination within five (5) working days. If discipline is imposed, the employee may appeal the action under Section C of this Article.
4. If an individual employee covered by this MOU files an appeal of discipline and Local 39 does not pursue such appeal, the employee may pursue such appeal and shall assume all of the rights and responsibilities of Local 39 in the appeal process pursuant to this MOU, including, but not limited to, the cost of the arbitrator.
Formal Disciplinary Actions. Formal disciplinary actions shall be done for just cause and include, but are not limited to suspension with or without pay, suspension pending dismissal, and dismissal.
Formal Disciplinary Actions. A. Written Letter of Reprimand
1. Prior to issuing a Letter of Reprimand, the Agency will provide an employee an opportunity (verbally or in writing) to explain their side of the situation. The Letter of Reprimand will not be issued until at least two (2) workdays after the employee's explanation, if any.
2. The employee will be given five (5) workdays to provide a written response to the Letter of Reprimand. The employee shall be authorized a reasonable amount of official time to prepare a response. If requested in writing, the response will be included in the employee’s eOPF with the Letter of Reprimand as one document.
3. A Letter of Reprimand and the employee response thereto, if any, will be maintained in an employee’s eOPF for up to two (2) years.
4. Letters of Reprimand will be issued for just and sufficient cause.
B. Adverse Actions (Suspensions, Removals, Reductions in Grade or Pay, or Furloughs for thirty (30) Days or Less)
1. Any suspension (except for D and E below):
a. Will be preceded by advance written notice of at least thirty
Formal Disciplinary Actions. 5.1. All Employees as defined in 5 USC 7511 (a)(1) are entitled to due process.
5.2. When Management becomes aware of potential misconduct or misconduct by an Employee, the Employee will be contacted as soon as practicable and instructed to discontinue the misconduct.
5.3. Management will not knowingly allow instances of misconduct to continue for the purpose of increasing the severity of a potential penalty.
5.4. When discipline is initiated, it will be within a reasonable time period after the incident in question, or after Management knew or reasonably should have known of the incident.
5.5. The Employee and/or representative will be granted a reasonable amount of official time to prepare a reply to any proposed disciplinary action.
5.6. Management will provide in writing the specific reasons for the proposed discipline. Upon request, the agency will provide the Employee and/or representative, within seven (7) days, all documentation relied upon to support the proposed action.
5.7. Deciding officials will consider the case file, any oral or written replies (or both). Time limits for the Employee’s response may be extended upon written request. Deciding officials will consider the relevant Xxxxxxx Factors prior to making a penalty decision.
Formal Disciplinary Actions. 6.2.2.1. Formal disciplinary actions shall be administered in accordance with the principles of Just Cause.
6.2.2.2. Although the parties recognize that the concept of Just Cause incorporates the principle of progressive discipline, they also understand that in certain circumstances, the Employer might be warranted in imposing discipline that does not follow the progressive disciplinary action. Should the Employer impose discipline that does not follow the progression, it shall provide the Faculty member and Federation with a written explanation for the discipline within seven (7) days of the imposition of such discipline.
6.2.2.3. No formal disciplinary action will be imposed without an appropriate investigation except under the circumstances referred to in Article 6.2.2.2.
6.2.2.4. The order of disciplinary action is:
6.2.2.4.1. Written Warning
6.2.2.4.2. Final Written Warning or Suspension without pay 6.2.2.4.3. Dismissal
6.2.2.5. The Faculty member and the Federation shall be notified in writing prior to formal disciplinary action being imposed.
6.2.2.6. Notification shall include a statement of all charges and all supporting documentation with sufficient detail for the Faculty member to understand the decision to impose the disciplinary action and in enough detail for the Faculty member to effectively respond to the decision.
6.2.2.7. The Faculty member shall have seven (7) days to respond to the decision orally and/or in writing.
6.2.2.8. Any grievance of imposed disciplinary action shall be filed in accordance with
Formal Disciplinary Actions. A formal disciplinary action is any action taken against an employee that is a Letter of Reprimand (LOR) or a suspension of fourteen (14) calendar days or less.
a. A LOR may be recorded in the employee’s eOPF for a period of one (1), two (2), or three (3) years. A LOR may be removed from the employee’s eOPF prior to the end of the prescribed term if Management determines that an employee’s conduct has improved to the point that the LOR is no longer necessary.
b. An employee being considered for a suspension of one (1) to fourteen (14) calendar days is entitled to:
1. Advance written notice of any proposed disciplinary action, unless the circumstances require the application of an exception to advance notice as provided in law, rule, or regulation, and reply period in accordance with government-wide regulation. If applicable, the notice of proposed action will include the specific allegations of misconduct (charges) for which the action is proposed.
2. An opportunity to respond to the proposal letter orally, in writing, or both unless the circumstances require the application of an exception to the notice and reply periods in accordance with government-wide regulation. A reasonable amount of duty time will be allowed for the employee to prepare a reply which will be determined by his or her supervisor. Extensions of time to prepare a reply may be granted if circumstances warrant.
3. A final decision notice with applicable statutory rights.
Formal Disciplinary Actions. A removal or reduction in grade based on unacceptable performance (5 U.S.C. 4303); or
Formal Disciplinary Actions. A. Written Letter of Reprimand
1. Prior to issuing a Letter of Reprimand, the Agency will provide an employee an opportunity (verbally or in writing) to explain their side of the situation. The Letter of Reprimand will not be issued until at least two (2) workdays after the employee's explanation, if any.
2. The employee will be given five (5) workdays to provide a written response to the Letter of Reprimand. The employee shall be authorized a reasonable amount of official time to prepare a response. If requested in writing, the response will be included in the employee’s eOPF with the Letter of Reprimand as one document.
3. A Letter of Reprimand and the employee response thereto, if any, will be maintained in an employee’s eOPF for up to two (2) years.
4. Letters of Reprimand will be issued for just and sufficient cause.
B. Adverse Actions (Suspensions, Removals, Reductions in Grade or Pay, or Furloughs for thirty (30) Days or Less)
1. Any suspension (except for D and E below):
a. Will be preceded by advance written notice of at least thirty (30) calendar days before the action is effective.
b. The employee will be given fifteen (15) calendar days to provide the deciding official a response either orally, in writing, or both.
c. The employee shall be authorized a reasonable amount of official time to prepare a response.
2. Advance notices will specify the deciding official to whom the employee should provide any reply.
3. The notice will state the employee’s right to be represented by an attorney or other representative, including the Union.
4. Adverse actions will be taken to promote the efficiency of the service.
Formal Disciplinary Actions. An action that is made a matter of record for inclusion in the employee’s eOPF, such as a reprimand or a suspension of fourteen (14) calendar days or less.
Formal Disciplinary Actions. Formal disciplinary actions consist of written reprimands, suspensions, demotions, and removals. Before formal disciplinary action is initiated, an investigation or inquiry will be made by the immediate supervisor or other official designated by the Agency to ensure himself/herself of the facts of the case.
a. A Letter of Reprimand is the lowest level of formal disciplinary action. A Letter of Reprimand must state the reason(s) for its issuance, the employee’s right to file a grievance under the negotiated grievance procedure, and the length of time the reprimand will remain in the OPF. A Letter of Reprimand may remain in the OPF for a period not to exceed two (2) years. If at the end of the first year, there have been no further disciplinary infractions, the employee may request to have the Letter of Reprimand removed from the OPF. There is no advance notice required before issuing a Letter of Reprimand.
b. The Agency may choose not to discipline an employee or may select a lower range of remedies and/or a lower appropriate remedy than provided in the Schedule of Offenses and Recommended Remedies.
