Common use of Investigation and Determination of Discipline Clause in Contracts

Investigation and Determination of Discipline. a. The Agency shall usually apply progressive discipline so that problems are addressed early and at the lowest possible level. The normal process would include verbal counseling to identify the issue and options to resolve it. The supervisor may document such a meeting and if so provide a copy to the employee. If there is not progress toward resolution the supervisor would next meet with the employee and define a performance improvement plan (PIP) memorialized in a documented counseling. The PIP must be reviewed regularly during its term as defined in each case, and if there is not improvement/resolution of the issue, a letter of reprimand will be prepared and reviewed by Human Resources to ensure consistency of language. b. The parties may agree to a Pre-Discipline Meeting after the informal processes above and before fact finding on further issues begins. The meeting will be scheduled prior to the initiation of fact finding except in cases of attendance, or serious violations, including, but not limited to, failure to supervise a child or a violation of a child’s rights. c. If a formal investigation is needed the Agency shall institute the fact-finding process, interview witnesses, the supervisor, and the employee. These interviews shall be recorded to create an accurate record and may be transcribed. If transcribed the employee and/or his/her representative will receive a copy at the time of the Xxxxxx meeting, if applicable. d. After the investigation, if the Agency intends to take disciplinary action against an employee, the affected employee and Union shall be notified of that fact. Prior to the issuance of a letter of intent, the parties by mutual agreement may participate in a Pre- Discipline Meeting in an effort to resolve the need for and/or level of discipline by addressing the performance issues together. If the meeting is successful, the agreement will be reduced to a written settlement and the discipline will proceed without the Xxxxxx process and/or appeal rights. e. If there is no Pre-Discipline Meeting or there is no agreement on how to address and resolve the performance issues, a letter of intent to discipline shall be issued by the Agency for all discipline in excess of a five (5) day suspension. The employee shall have the right to a pre-disciplinary review with a Xxxxxx process. The employee shall have ten (10) calendar days from the notice of intent to respond to the proposed disciplinary action in writing or by meeting. The employee or the Union may request to schedule the Xxxxxx meeting within fifteen

Investigation and Determination of Discipline. a. The Agency shall usually apply progressive discipline so that problems are addressed early and at the lowest possible level. The normal process would include verbal counseling to identify the issue and options to resolve it. The supervisor may document such a meeting and if so provide a copy to the employee. If there is not progress toward resolution the supervisor would next meet with the employee and define a performance improvement plan (PIP) memorialized in a documented counseling. The PIP must be reviewed regularly during its term as defined in each case, and if there is not improvement/resolution of the issue, a letter of reprimand will be prepared and reviewed by Human Resources to ensure consistency of language. b. The parties may agree to a Pre-Discipline Meeting after the informal processes above and before fact finding on further issues begins. The meeting will be scheduled prior to the initiation of fact finding except in cases of attendance, attendance or serious violations, including, but not limited to, failure to supervise a child or a violation of a child’s rights. c. If a formal investigation is needed the Agency shall institute the fact-finding process, interview witnesses, the supervisor, and the employee. These interviews shall be recorded to create an accurate record and may be transcribed. If transcribed the employee and/or his/her representative will receive a copy at the time of the Xxxxxx meeting, if applicable. d. After the investigation, if the Agency intends to take disciplinary action against an employee, the affected employee and Union shall be notified of that fact. Prior to the issuance of a letter of intent, the parties by mutual agreement may participate in a Pre- Discipline Meeting in an effort to resolve the need for and/or level of discipline by addressing the performance issues together. If the meeting is successful, the agreement will be reduced to a written settlement and the discipline will proceed without the Xxxxxx process and/or appeal rights. e. If there is no Pre-Discipline Meeting or there is no agreement on how to address and resolve the performance issues, a letter of intent to discipline shall be issued by the Agency for all discipline in excess of a five (5) day suspension. The employee shall have the right to a pre-disciplinary review with a Xxxxxx process. The employee shall have ten (10) calendar days from the notice of intent to respond to the proposed disciplinary action in writing or by meeting. The employee or the Union may request to schedule the Xxxxxx meeting within fifteen