Investigations and Discipline. 9.1 a) When an investigation is to be held, each employee whose presence is desired will be notified in writing, as to the date, time, place and subject matter. A copy of the notice will also be supplied to the Local Chair. In the event the Company is unable to make contact with an employee, a registered letter will be sent to the employee’s last known address.
Investigations and Discipline. 27.1 Discipline will only be imposed on a Member for just and sufficient cause. Such discipline will be fair, reasonable, commensurate with the circumstances, and based on the principle of progressive discipline.
27.2 The parties will make reasonable efforts to encourage resolution. At the first instance of the creation of a written record of the matter, an investigation commences.
Investigations and Discipline. A. Whenever an employee covered by this Agreement is under investigation or subjected to questioning by the City for any reason which could lead to any disciplinary action, demotion or dismissal, the questioning and/or investigation shall be conducted in accordance with the Firemen's Disciplinary Act. Employees covered by this Agreement may be required to submit to an alcohol or chemical substance tests if and only if the City has reasonable cause to believe that the employee is abusing alcohol or a chemical substance or that the employee has reported to duty while under the influence of alcohol or a chemical substance, other than prescription medication, provided that the employee has given notice to the duty chief that the employee is using prescription medication. No employee covered by this Agreement shall be required or requested to submit to any form of psychiatric or psychological testing or interviews, or to consult a counselor or similar professional, except where the City has reasonable cause to believe that the employee may be mentally or psychologically unfit to perform his duties. No discipline shall be imposed without just cause and shall be accomplished in a constructive, progressive manner in an effort to rehabilitate and correct an offender whenever appropriate. Any disciplinary action subject to review by the Board of Fire and Police Commissioners shall not be subject to the grievance and arbitration provisions.
B. Employees covered by this Agreement who are subject to disciplinary action by the EMS System’s Project Medical Director and are disciplined by the Project Medical Director, will be given the opportunity to meet with the Chief and have union representation present before any departmental discipline is imposed. If a suspension is imposed by the Project Medical Director, and the Chief believes a loss of wages is not warranted and that the Department’s standing with the Project Medical Director will not be jeopardized by allowing the employee to either trade time with another qualified employee or be moved to a different machine to avoid loss of wages, then such trade or move shall be allowed. No Departmental discipline will be imposed without just cause as set forth in A above.
Investigations and Discipline. 20.1 No employee shall be suspended (except for investigation), discharged, or disciplined until his/her case has first been investigated and he/she has been proven guilty of the offence charged against him/her, the decision in such case to be given as soon as possible, but not exceeding 10 calendar days from date of suspension. If an employee is found blameless in the matter under investigation, he/she shall be paid at schedule rate for the time lost and extra expenses while attending such investigation, if away from home and be reinstated. If detained more than 10 calendar days awaiting result of investigation at the System's instance, he/she shall be paid schedule wages for the time in excess of 10 days whatever the decision might be.
20.2 Employees are to be given reasonable advance notice of an investigation. The Xxxxxxx or Chief Xxxxxxx shall, unless the employee objects, be invited by the investigating officer to be present (if in remote location then via teleconference) at the investigation and the examination of all witnesses. Upon request, the Xxxxxxx or the Chief Xxxxxxx will be given results of
Investigations and Discipline. Investigations
1. Upon the employee’s request a Local Union Representative will be permitted to be present during investigatory interviews where the employee has a reasonable belief that discipline or other adverse consequences may result. In the event that a Local Union Representative is not immediately available, the interview shall not be delayed more than seventy-two (72) hours.
2. Local Union Representatives attending investigatory meetings or other grievance meetings shall be given reasonable prior notice, normally twenty-four (24) hours, in to make appropriate accommodations for their work or Local Union activity. In the event a Local Union Representative is not immediately available, the meetings shall not be delayed more than seventy-two (72) hours.
Investigations and Discipline. A. No Trainman employed and performing service covered by this Agreement, including those Trainman in locomotive engineer training, shall be disciplined without a fair hearing (investigation) by an officer of the Company. At least five (5) days prior to the hearing, the Trainman will be apprised of the charge against him (The notice can be presented verbally and followed up in writing prior to the hearing). He shall have reasonable opportunity to secure the presence of necessary witnesses, and he shall have the right to be represented by a fellow Trainman or by an accredited representative or member of the SMART-TD of his choosing.
B. Investigations will be held at such times, if possible, as to avoid holding a Trainman out of service to be present at the investigation. Postponements will be granted to either party upon a reasonable request.
C. Employees continued in service or not censored pending an investigation of an alleged offense shall be notified within ten (10) days after the company officer having authority to order an investigation has information of the offense of the charges pending. Within ten (10) days thereafter, an investigation shall be held and a decision rendered within ten (10) days after the investigation.
D. Should any Trainman disciplined under this Article consider that the discipline is unjust, he shall have the right to appeal as provided in Article 28 of this agreement. In case of dismissal or suspension which is later found to be unjust, the Trainman will be reinstated with seniority rights unimpaired and paid for all time lost, subject to offset for earnings made during the period of suspension or dismissal.
E. A Trainman and/or the Trainman’s representative shall have the option, with the Company’s concurrence and prior to the hearing, to discuss the charge with the appropriate Company Officer.
1. If the disposition of the charges is made on the basis of the Trainman’s acknowledgement of responsibility, the disposition shall be reduced to writing and signed by the Trainman and the official involved and shall incorporate a waiver of hearing and shall specify the maximum discipline, which may be imposed for the Trainman’s acceptance of responsibility.
2. No minutes or other record shall be made of the discussion, and, if the parties are unable to reach an agreed upon disposition on this basis, no reference shall be made to these discussions by either of the parties in any subsequent handling of the charges under the discipline ...
Investigations and Discipline. A. An Engineer shall not be withheld from service pending hearing except in cases that are serious, such as but not limited to, theft, altercation, Rule “G”, insubordination, major accidents and/or other major offenses whereby the employee’s retention in service could be hazardous.
B. No Engineer shall be disciplined without a fair hearing (investigation) by an officer of the Company. An engineer shall be apprised of the charge(s) against him not later than ten
Investigations and Discipline. See the Letter of Understanding appended to this Agreement regarding the modifications to the investigation and discipline procedures that will apply during the term of this Agreement.
Investigations and Discipline. The parties to the Collective Bargaining Agreement between the City of Lima, Ohio and the Fraternal Order of Police/Ohio Labor Council, Inc. resulting from SERB Case No. 2018-MED- 10-1075 (the “Agreement”) agree to modify the provisions of Article 12: Investigations and Discipline for a trial period. Accordingly, the following terms of Article 12 shall apply to:
Investigations and Discipline. The Fact Finding is meant to determine if there is enough suspicion to support the commission of a violation. Once started, a Fact Finding shall be completed not more than sixty (60) calendar days from the time it is assigned. There is no requirement that the employee be made aware that a Fact Finding is being conducted, but the employee may be so notified. The City shall determine who shall conduct a Fact Finding or Internal Investigation under this Article, if the City determines to conduct one, and is not limited to using City staff.1
