Common use of IMMEDIATE DISCIPLINARY ACTION Clause in Contracts

IMMEDIATE DISCIPLINARY ACTION. The following special situations shall apply in conjunction with Section 46.0 (Disciplinary Process): X. Xxxxxxx to come to work: An employee who fails to appear for work without reasonable explanation and justification for a continuous period of three (3) working days shall be subject to termination effective on the first working day of said continuous period. Such termination shall be deemed a voluntary termination. B. Intoxicating liquors, drugs or substances: On the first occasion, the employee shall be given an opportunity to seek professional counseling and/or treatment and a written warning will be placed in his/her personnel file. The employee shall not be placed on administrative leave without pay, but may use sick leave, compensatory time off, and annual leave, in that order, while seeking professional counseling and/or treatment. A letter from the provider of the professional counseling and/or treatment must be received by the Harbor Manager prior to the employee returning to work and must state the nature of the treatment or counseling, the extent or degree to which the employee has recovered, the fact that the employee is recovered sufficiently to return to work, any limitations to be imposed on the employee while at work, and any further treatment or counseling required, including timing and extent. The employee may be allowed to return to work providing that the professional counselor or treatment provider's requirements or stipulations can be met by the District without any adverse effect on District operations, objectives, and/or safety. On a second occasion the employee shall be immediately suspended or terminated at the sole discretion of the Harbor Manager. If the employee refuses to seek counseling or treatment on the first or subsequent occurrence, the employee will be immediately terminated and the District shall not be held liable except for unpaid accrued wages or compensatory time or other benefits for which the employee is entitled under the terms of this Agreement. C. Impact on Health, Safety and Welfare: Any discipline which, in the judgment of the Harbor Manager, must be imposed immediately to protect the health, safety or welfare of the community or other District employees, may be immediately imposed without requiring implementation of the pre-disciplinary procedures of this Agreement. Such discipline may be implemented within five (5) working days of the employee’s action, if known by the District, otherwise within five (5) working days from the date that the District has knowledge of such action.

Appears in 3 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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IMMEDIATE DISCIPLINARY ACTION. The following special situations shall apply in conjunction with the Section 46.0 (Disciplinary Process):: X. Xxxxxxx to come to work: An employee who fails to appear for work without reasonable explanation and justification for a continuous period of three (3) working days shall be subject to termination effective on the first working day of said continuous period. Such termination shall be deemed a voluntary terminationvoluntary. B. Intoxicating liquors, drugs or substances: On An employee whose alcohol test indicates an alcohol concentration level between .02 and .04 grams of alcohol per 210 liters of breath shall be removed from his/her position for at least 24 hours. An employee whose alcohol test indicates an alcohol concentration level greater than .04 grams of alcohol per 210 liters of breath, or who has a positive drug test result shall be removed from his or her position for a period to be determined by the first occasionDistrict Manager. Employees who are removed from their position under this policy shall be placed on unpaid leave. The District, in its discretion, may discipline, up to and including termination, an employee who fails, one or more times, a drug or alcohol test. The District recognizes that the abuse of alcohol or drugs is a progressive illness which can be arrested if treated in a sensitive and timely manner, therefore any disciplinary actions shall consider the appropriateness of and commitment to treatment programs pursued by the employee, the employee’s work record, and the problems created by the employee’s absence for treatment. If a treatment program is pursued, the employee shall be given an opportunity allowed to seek professional counseling and/or treatment and a written warning will be placed in his/her personnel file. The employee shall not be placed on administrative leave without pay, but may use sick leave, compensatory time off, and annual leave, in that order, while seeking professional counseling and/or treatment. A letter from the provider of the professional counseling and/or treatment must be received by the Harbor Manager prior to the employee returning to work and must state the nature of the treatment or counseling, the extent or degree to which the employee has recovered, the fact that the employee is recovered sufficiently to return to work, any limitations to be imposed on the employee while at work, and any further treatment or counseling required, including timing and extent. The employee may be allowed to return to work providing that the professional counselor or treatment provider's requirements or stipulations can be met by the District without any adverse effect on District operations, objectives, and/or safety. On Failure of an employee who has committed himself/herself to follow a second occasion the employee shall be immediately suspended or terminated at the sole discretion of the Harbor Managertreatment program, to rigidity adhere to that program, will result in disciplinary actions up to and including termination. If the employee refuses to seek counseling or treatment on the first or subsequent occurrence, the employee will be immediately terminated and the District shall not be held liable except for unpaid accrued wages or compensatory time or other benefits for which the employee is entitled under the terms Subsequent violation of this Agreementpolicy after completion of a treatment program will result in further disciplinary action. C. Impact on Health, Safety and Welfare: Any discipline which, in the judgment of the Harbor Manager, must be imposed immediately to protect the health, safety or welfare of the community or other District employees, may be immediately summarily imposed without requiring implementation of affecting the pre-disciplinary procedures of this Agreement. Such discipline may procedure shall be implemented completed, however, within five (5) working days of the employee’s action, if known by the District, otherwise within five (5) working days from the date that the District has knowledge imposition of such actiondiscipline.

Appears in 3 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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IMMEDIATE DISCIPLINARY ACTION. The following special situations shall apply in conjunction with Section 46.0 (Disciplinary Process): X. Xxxxxxx to come to work: An employee who fails to appear for work without reasonable explanation and justification for a continuous period of three (3) working days shall be subject to termination termination, effective on the first working day of said continuous period. Such termination shall be deemed a voluntary termination. B. Intoxicating liquors, drugs drugs, or substances: On the first occasion, occasion the employee shall be given an opportunity to seek professional counseling and/or treatment and a written warning will be placed in his/her personnel file. The employee shall not be placed on administrative leave leave, without pay, pay but may use sick leave, compensatory time off, and annual leave, in that order, while seeking professional counseling and/or treatment. A letter from the provider of the professional counseling and/or treatment must be received by the Harbor Manager prior to the employee returning to work and must state the nature of the treatment or counseling, the extent or degree to which the employee has recovered, the fact that the employee is recovered sufficiently to return to work, any limitations to be imposed on the employee while at work, and any further treatment or counseling required, including timing and extent. The employee may be allowed to return to work providing that the professional counselor or treatment provider's requirements or stipulations can be met by the District without any adverse effect on District operations, objectives, and/or safety. On a second occasion occasion, the employee shall immediately be immediately suspended or terminated at the sole discretion of the Harbor Manager. If the employee refuses to seek counseling or treatment on the first or subsequent occurrence, the employee will be immediately terminated terminated, and the District shall not be held liable except for unpaid accrued wages or compensatory time or other benefits for which the employee is entitled under the terms of this Agreement. C. Impact on Health, Safety Safety, and Welfare: Any discipline which, in the judgment of the Harbor Manager, must be imposed immediately to protect the health, safety safety, or welfare of the community or other District employees, may be immediately imposed without requiring implementation of the pre-disciplinary procedures of this Agreement. Such discipline may be implemented shall be completed, however, within five (5) working days of the employee’s actionactions, if known by to the District, otherwise within five (5) working days from the date that the District has knowledge of such action.

Appears in 1 contract

Samples: Memorandum of Understanding

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