Imposition of Discipline. 20.4.1 Only the Xxxxxxx and Vice-Principal (Academic), Deputy Xxxxxxx, Xxxx, or Xxxx on the recommendation of the Unit Head, can issue a written reprimand, or suspend or dismiss a Member.
20.4.2 Disciplinary measures shall take effect immediately, except that if a Member grieves a suspension without pay, the Member shall continue to receive his/her pay until the earlier of the date that the grievance is withdrawn, abandoned or decided, or the term of the Member’s appointment has ended. In the case of dismissals based on grounds of incompetence or persistent neglect of academic duties, the Member’s pay is continued until the time available to initiate a grievance has passed. If a Notice of Intention to Grieve is filed, the Member shall continue to receive his/her pay until the earlier of the date that the grievance is withdrawn, abandoned or decided, or the term of the Member’s appointment has ended. In the case of a dismissal based on the grounds of gross misconduct where a Notice of Intention to Assume the Grievance is filed by the Association, the Member shall receive his/her pay until the earlier of the date that the grievance is withdrawn, abandoned or decided, or the term of the Member’s appointment has ended.
20.4.3 Notwithstanding the above, the University may suspend a Member with full pay and may relieve a Member of some or all of the Member’s duties and/or privileges in accordance with the provisions in Article 22.
20.4.4 Any record of a written reprimand shall be removed from a Member’s Official File after forty-eight (48) months from the date of the written reprimand, provided that no subsequent discipline has been imposed within that period. After removal, such discipline cannot be offered in aggravation of penalty in a subsequent disciplinary proceeding. Where a written reprimand is being grieved, notice of the grievance shall be attached to the written reprimand in the Member’s Official File until the resolution of the grievance.
20.4.5 Failure of a Member to grieve a written reprimand shall not be deemed an admission of the validity of the reprimand, provided that the Member has indicated in writing within the time limits provided for initiating a grievance that the Member is in disagreement with the reprimand and does not waive any right to grieve any subsequent imposition of discipline for similar cause.
20.4.6 In all discipline grievances, the arbitrator is empowered to award any remedy considered just and equitable. If an award includes...
Imposition of Discipline. 7.2.1 When imposing discipline, management shall not take into consideration any offense which is more than twenty-four (24) months old. Disciplinary action shall not be instituted against a bargaining unit employee when the alleged misconduct is or could have been discovered with reasonable diligence within a period of twelve (12) months from the date of alleged misconduct unless the offense would constitute a Class IV felony or higher grade of felony.
7.2.2 All complaints alleging misconduct of less than serious nature which are received more than ninety (90) days after the alleged incident took place, shall not result in discipline to the employee.
7.2.3 The parties agree that the progressive discipline techniques should be the primary focus when considering the level of discipline to be used. The use of progressive discipline shall take into consideration the nature, related disciplinary history and severity of the infraction when considering the level of discipline to be suggested or imposed. The goal of progressive discipline is to apply the minimum level of discipline which will bring the employee’s performance to the expected level.
Imposition of Discipline. A disciplinary conference shall be conducted between the employee and the agency director, or designee, prior to the imposition of the disciplinary action recommended by the Agency if requested by the employee and the recommended discipline is one of those listed as 3., 4., 5., or 6. in paragraph 7.1.1 (suspension and more serious). The employee shall have the right to be represented in the disciplinary conference by an individual of his/her choice or legal counsel. The employee shall be afforded an opportunity in such conference to address the findings of the agency authority or present mitigating circumstances with respect to its recommendations or findings, all of which shall be disclosed to the employee prior to such disciplinary conference for his/her review. The conference can be conducted either telephonically or in person by the Agency Director or if he/she is unavailable, the assistant agency director. The employee shall receive three (3) working days notice of any scheduled disciplinary conference.
Imposition of Discipline. The Agency Head or designated Deputy Director or equivalent shall make a final decision on the recommended disciplinary action as soon as reasonably possible but no more than forty-five (45) days after the conclusion of the pre-discipline meeting. At the discretion of the Employer, the forty-five (45) day requirement will not apply in cases where a criminal investigation may occur and the Employer decides not to make a decision on the discipline until after disposition of the criminal charges. The employee and/or union representative may submit a written presentation to the Agency Head or Acting Agency Head. If a final decision is made to impose discipline, the employee and Union shall be notified in writing. The OCSEA Chapter President shall notify the agency head in writing of the name and address of the Union representative to receive such notice. Once the employee has received written notification of the final decision to impose discipline, the disciplinary action shall not be increased. Disciplinary measures imposed shall be reasonable and commensurate with the offense and shall not be used solely for punishment. The Employer will not impose discipline in the presence of other employees, clients, residents, inmates or the public except in extraordinary situations which pose a serious, immediate threat to the safety, health or well-being of others. An employee may be placed on administrative leave or reassigned while an investigation is being conducted except that in cases of alleged abuse of patients or others in the care or custody of the State of Ohio, the employee may be reassigned only if he/she agrees to the reassignment.
Imposition of Discipline. 29.2.1 When imposing discipline, management shall not take into consideration any prior discipline which is more than ten (10) years old in determining the appropriate level of discipline. Disciplinary action shall not be instituted against a bargaining unit member for previously undisciplined conduct older than twenty- four (24) months when the alleged misconduct is or could have been discovered with reasonable diligence within a period of twenty-four (24) months from the date of alleged misconduct unless the offense would constitute a Class IV felony or higher grade of felony, involved dishonesty or bias against a protected class, or when the alleged misconduct was in any way concealed by the bargaining unit member.
29.2.2 All complaints alleging misconduct of less than serious nature which are received more than twenty-four (24) months after the alleged incident took place, shall not result in discipline to the officer.
29.2.3 The parties agree that the progressive discipline techniques should be the primary focus when considering the level of discipline to be used in all cases except those concerning dishonesty, serious discriminatory action against a protected class, or criminal activity engaged in while on duty, or criminal activity off duty involving violence, drugs, or crimes of dishonesty. The use of progressive discipline shall take into consideration the nature, related disciplinary history and severity of the infraction when considering the level of discipline to be suggested or imposed. The goal of progressive discipline is to apply the minimum level of discipline which will bring the employee’s performance to the expected level.
29.2.4 Written Warning is the lowest level of the discipline process and may be imposed at the Superintendent's discretion. A maximum discipline of written warning may be used for minor unit accidents that are the fault of the bargaining unit member, if they are without injuries, or involve de minimus third party damage (less than $1,000), or caused unit damage not exceeding $5,000, only when it is the bargaining unit member’s first such incident within the preceding two calendar years from the date of the offense. A written warning will be kept in the employee's personnel file for up to one year.
Imposition of Discipline. With the exception of a verbal warning, the Employer will provide the employee and the Union with a statement, in writing, at the time of the discipline or termination clearly establishing the reason for such discipline or termination. A designated representative of the Union must be present at all disciplinary and/or termination meetings. Attendance at such meetings will be without loss of pay. An employee shall have the right to have the Job Xxxxxxx(s) or Union Representative of the Union present at any discussions with the Employer that the employee believes may be the basis of disciplinary action. Where the Employer intends to meet with an employee for disciplinary purposes, or impose discipline, they shall notify the employee, Job Xxxxxxx and/or Union Representative.
Imposition of Discipline. Where the Employer becomes aware of an incident or situation which could give rise to discipline of an employee(s) within the bargaining unit, the Employer will investigate and make a determination in a reasonably expeditious manner, taking into consideration such factors as the availability of individuals and documents necessary to the investigation, as well as the nature, scope and complexity of the investigation that is required. Employees who witness abuse towards residents must report it or possibly could face discipline.
Imposition of Discipline. The Treasurer or, in the absence of the Treasurer, the Treasurer's designee, shall make a final decision on the recommended disciplinary action as soon as reasonably possible but not more than forty-five (45) days after the conclusion of the pre-discipline meeting. At the discretion of the Employer, the forty-five (45) day requirement shall not apply in cases where a criminal investigation may occur and the Employer decides not to make a decision on the discipline until after disposition of the criminal charges. The employee and/or Union representative may submit a written presentation to the Treasurer or the Treasurer's designee. If a final decision is made to impose discipline, the employee and the Union shall be notified in writing. Once the employee has received written notification of the final decision to impose discipline, the disciplinary action shall not be increased. Disciplinary measures imposed shall be reasonable and commensurate with the offense and shall not be used solely for punishment. The Employer shall not impose discipline in the presence of other employees or the public except in extraordinary situations that pose a serious, immediate threat to the safety, health or well- being of others. An employee may be placed on administrative leave or reassigned while an investigation is being conducted.
Imposition of Discipline. The Auditor or designee shall make a final decision on the recommended disciplinary action as soon as reasonably possible but no more than thirty (30) days after the conclusion of the pre- disciplinary meeting. At the discretion of the Employer, the thirty (30) day requirement will not apply in cases where a criminal investigation may occur, and the Employer decides not to make a decision on the discipline until after disposition of the criminal charges. The employee and/or union representative may submit a written presentation to the Auditor or designee. If a final decision is made to impose discipline, the employee and Union shall be notified in writing. Once the employee has received written notification of the final decision to impose discipline, the disciplinary action shall not be increased. Disciplinary measures imposed shall be reasonable and commensurate with the offense and shall not be used solely for punishment. The Employer will not impose discipline in the presence of other employees, clients, or the public except in extraordinary situations which pose a serious, immediate threat to the safety, health or well-being of others. An employee may be placed on administrative leave or reassigned while an investigation is being conducted. Leave reductions are voluntary. If the discipline contemplated is a suspension, the employee has the option of either choosing to be suspended or have their leaves reduced in lieu of the suspension.
Imposition of Discipline. A . ALPA shall not dismiss or otherwise discipline any non-probationary employee subject to this Agreement except for just cause . At the discretion of ALPA, any employee disciplined for serious misconduct may be temporarily suspended with pay for no more than ten (10) working days pending an investigation and final decision as to whether to discharge the employee. In the event of discharge, the employee shall be given the reason for his/ her discharge in writing and a copy of such notification shall be forwarded to the Union at the same time, and any pay received during the period of suspension will be deducted from the employee’s available vacation bank . In the event that the discharge is overturned in the grievance arbitration procedure and the remedies do not include back pay for the period of suspension, the employee will receive back pay for such period .
B . ALPA recognizes the right of any employee to have a Union representative present whenever discipline is imposed or such employee is interviewed about conduct itself subject to disciplinary action . Prior to the imposition of discipline, ALPA shall inform the employee of the subject matter of the meeting and/or interview and that it may result in disciplinary action . If the employee does not elect to have a Union representative present, the Employer shall apprise the Union orally of the nature of the formal disciplinary action taken within three (3) working days after the employee has been so advised .
