Last Chance Agreements. The parties explicitly acknowledge the use and validity of last chance agreements. Such agreements, when entered into by the Employer and the union shall not require the ratification of the bargaining unit as a whole, nor the legislative body for the Employer, in order to be enforceable. Last Chance agreements are agreed to be of joint construction in all instances and whenever possible shall be interpreted with the intent of providing an employee a final opportunity to salvage his employment, with the next disciplinary step being termination of employment. Last chance agreements, including the opportunity to enter into the agreement, content, and stipulations are individualized and non-precedent setting.
Last Chance Agreements. The parties explicitly acknowledge the use and validity of last chance agreements. Such agreements, when entered into by the Employer and the Union shall not require the ratification of the bargaining unit as a whole, nor the legislative body for the City, in order to be enforceable. Last Chance agreements are agreed to be of joint construction in all instances and whenever possible shall be interpreted with the intent of providing an employee a final opportunity to salvage his employment, with the next disciplinary step being termination of employment. Last chance agreements are a specific modification of the 7th Test of Just Cause so that any employee subject to a last chance agreement, who is found to have engaged in any charged misconduct under the terms of the applicable last chance agreement, shall be subject to termination.
Last Chance Agreements. Last chance agreements shall be specific in nature and when 28 appropriate a duration will be specified.
Last Chance Agreements. The City may utilize the last chance agreement (LCA) process in cases where employee behavior or performance resulted in a suspension, but a termination was strongly considered. In these cases, the employee is retained, but must sign an LCA with specific polices sighted in the LCA. If the employee violates any of the policies listed in the LCA, the employee violates the LCA and is terminated. LCAs normally remain in file for the length of the suspension (2 years), but the City reserves the right to extend the LCA beyond the 2-years when the behavior/performance issue gives rise to another discipline. Then, the LCA is extended for the duration of that new discipline. These behavior or performance based LCAs are structured differently than the LCAs for substance abuse situations (refer to Policy 715, Substance Abuse/Drug-Free Workplace).
Last Chance Agreements. The parties recognize that last chance agreements are a useful tool to afford an employee an option between rehabilitation and discipline. Upon request of the union, the parties at the local level will negotiate over the implementing procedures for last chance agreements.
Last Chance Agreements. It is the employee’s responsibility to seek assistance before drug or alcohol problems lead to on- the-job safety or misconduct incidents, or a violation of this policy. If an employee uses alcohol or drugs in connection with work, or otherwise violates this policy, thus endangering patients, employee or others, the employee will not be entitled afterwards to enter a treatment program and thereby avoid discipline or penalty. However, without waiving its right to terminate for any of the foregoing violations, the Hospital, at its sole discretion, may offer a Last Chance Agreement in lieu of termination to any employee who tests positive for drugs or alcohol in violation of this policy. The Hospital will consider such factors as type of work performed, work performance, history with the Hospital, attendance, safety record and any other relevant factors to make such determination. A Last Chance Agreement (LCA) will contain standards set forth by the Hospital to the individual that are appropriate for the specific situation. It may address such issues as: • Assessment by a certified treatment or counseling professional. • Release of medical information and treatment information to the Hospital. • Notice of follow-up testing. • Other employer standards such as ongoing work performance and attendance. • Consequences of any violation of the LCA. • Other items as appropriate. This Memorandum of Agreement shall be deemed a part of and incorporate into the terms and provisions of the current Agreement in effect between the parties dated this 1st day of February, 2017.
Last Chance Agreements. A Last Chance Agreement (LCA) is a voluntary formal agreement in which the Agency agrees to hold an adverse action decision in abeyance in exchange for an employee’s:
1. Commitment to abide by a certain set of behaviors and/or conditions for a set period of time as determined by the Agency;
2. Waiver of their rights to challenge the decision; and
3. Agreement that if the Employee fails to fulfill the terms of the Agreement, the decision will be implemented.
Last Chance Agreements. It is the employee’s responsibility to seek assistance before drug or alcohol problems lead to on- the-job safety or misconduct incidents, or a violation of this policy. If an employee uses alcohol or drugs in connection with work, or otherwise violates this policy, thus endangering patients, employee or others, the employee will not be entitled afterwards to enter a treatment program and thereby avoid discipline or penalty. However, without waiving its right to terminate for any of the foregoing violations, the Hospital, at its sole discretion, may offer a Last Chance Agreement in lieu of termination to any employee who tests positive for drugs or alcohol in violation of this policy. The Hospital will consider such factors as type of work performed, work performance, history with the Hospital, attendance, safety record and any other relevant factors to make such determination. A Last Chance Agreement (LCA) will contain standards set forth by the Hospital to the individual that are appropriate for the specific situation. It may address such issues as:
Last Chance Agreements. Nothing in this AGREEMENT prevents the EMPLOYER from considering Last Chance Agreements. Last Chance Agreements are instruments designed to permit an employee subject to an adverse action a last opportunity to demonstrate that he/she can perform at an acceptable level, i.e., that his/her performance or conduct can be improved to the EMPLOYER’s satisfaction, and that the proposed adverse action should not be taken. The agreements are tailored to the special circumstances involved in each case. They allow the EMPLOYER, at its discretion, to forego or delay implementation of adverse actions, including removals, in order to give an employee a last chance to demonstrate successful performance or conduct. However, nothing in this Article requires the EMPLOYER to utilize Last Chance Agreements.
Last Chance Agreements. The Union will be entitled to attend "last chance" meetings and any settlement discussions regarding the "last chance" agreement. In addition, the terms of a "last chance" agreement will contain at a minimum:
1. The conditions that must be met by the employee;
2. The penalty for breach of the Agreement; and,
3. The duration of the Agreement.
