Common use of Investigations and Discipline Clause in Contracts

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.