Common use of Letters of Instruction/Work Improvement Discussions/1123s Clause in Contracts

Letters of Instruction/Work Improvement Discussions/1123s. A. XXXx/WIDs and 1123s shall contain a specified expiration date, not to exceed one (1) year/six (6) months, respectively, from the date that management should have reasonably known of the incident resulting in the LOI/WID/1123. An LOI/WID/1123 should be removed from all of the employee’s files prior to its expiration date, provided that all requirements contained in the LOI/WID/1123 have been met. Upon the employee’s request to the Appointing Authority or his/her designee, the LOI/WID/1123 shall be removed and given to the employee unless he/she requests that it be destroyed. B. XXXx/WIDs/1123s shall be issued in a timely fashion, generally within thirty (30) days from when the incident occurred or from date of discovery of the incident that forms the basis for the LOI/WID/1123. Unless special circumstances exist, XXXx/WIDs/1123s should not be written if the knowledge of the incident is more than thirty (30) days old. C. In cases where departmental staff are investigating an employee in a situation in which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/ WID. D. The parties agree that XXXx/WIDs (or similar documents regardless of title as discussed in subsection E below) are instructional and intended to improve job performance. Accordingly, XXXx/ WIDs shall not be cited as charges in any adverse action. They may be used as supporting evidence by the State in a later disciplinary case, if the expiration date has not yet occurred, in order to show that the State has put the employee on notice about what is expected in the future. The LOI/WID (or similar document) may only be cited in or submitted as support for a subsequent adverse action to prove the employee knew about a law, rule, policy or employer expectation. The document shall not be cited in a subsequent Notice of Adverse Action or admitted into evidence to prove prior misconduct (or a pattern of misconduct) leading to the adverse action. E. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Report of Counseling, Letters of Contact, or Expectations of Work Performance memos. Such “minor” corrective memos are to be placed in the employee’s supervisory file, but not in the employee’s personnel file. F. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in subsection E. above. This rebuttal shall be attached to and shall accompany the LOI/ WID. G. Disputes concerning this section are adjudicated under the mini-arb section. However, a violation of section D. above is arbitrable under sections 6.11 and

Letters of Instruction/Work Improvement Discussions/1123s. A. XXXx/WIDs and 1123s or similar documents regardless of title as discussed in subsection E below shall contain a specified expiration date, not to exceed one (1) year/six (6) months, respectively, from the date that management should have reasonably known of the incident resulting in the LOI/WID/1123. An LOI/LOI/ WID/1123 should be removed from any and all of employee files maintained by the employee’s files state prior to its expiration date, provided that all requirements contained in the LOI/WID/1123 have been met. Upon the employee’s request to the Appointing Authority or his/her their designee, the LOI/WID/1123 shall be removed and given to the employee unless he/she they requests that it be destroyed. Any denial of removal of an LOI/WID/1123 shall be in writing stating the reason for denial. B. XXXx/WIDs/1123s or similar documents regardless of title as discussed in subsection E below shall be issued in a timely fashion, by providing a copy of the document signed by a supervisor and employee at the time of issuance, generally within thirty (30) days from when the incident occurred or from date of discovery of the incident that forms the basis for the LOI/WID/1123. Unless special circumstances exist, XXXx/WIDs/1123s should not be written if the knowledge of the incident is more than thirty (30) days old. C. In cases where departmental staff are investigating an employee in a situation in which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/LOI/ WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/ WID. D. The parties agree that XXXx/WIDs (or similar documents regardless of title as discussed in subsection E below) are instructional and intended to improve job performance. Accordingly, XXXx/ WIDs shall not be cited as charges in any adverse action. They may be used as supporting evidence by the State in a later disciplinary case, if the expiration date has not yet occurred, in order to show that the State has put the employee on notice about what is expected in the future. The LOI/WID (or similar document) may only be cited in or submitted as support for a subsequent adverse action to prove the employee knew about a law, rule, policy or employer expectation. The document shall not be cited in a subsequent Notice of Adverse Action or admitted into evidence to prove prior misconduct (or a pattern of misconduct) leading to the adverse action. E. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Report of Counseling, Letters of Contact, or Expectations of Work Performance memos. Such “minor” corrective memos memos, including any file or notes (electronic or paper) which are maintained by the supervisor, are to be placed in the employee’s supervisory file, but not in the employee’s personnel file. Supervisor files are subject to inspection consistent with Section 9.03. F. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in subsection E. above. This rebuttal shall be attached to and shall accompany the LOI/ WID. G. Disputes concerning this section are adjudicated under the mini-arb section. However, a violation of section D. above is arbitrable under sections 6.11 andand 6.12 and 6.11 C. in particular. The Arbitrator cannot in making his/her their decision evaluate, review, or in any other manner involve the contents of the disputed document.

Letters of Instruction/Work Improvement Discussions/1123s. A. XXXx/WIDs and 1123s or similar documents regardless of title as discussed in subsection E below shall contain a specified expiration date, not to exceed one (1) year/six (6) months, respectively, from the date that management should have reasonably known of the incident resulting in the LOI/WID/1123. An LOI/WID/1123 should be removed from any and all of employee files maintained by the employee’s files state prior to its expiration date, provided that all requirements contained in the LOI/WID/1123 have been met. Upon the employee’s request to the Appointing Authority or his/her their designee, the LOI/WID/1123 shall be removed and given to the employee unless he/she requests they request that it be destroyed. Any denial of removal of an LOI/WID/1123 shall be in writing stating the reason for denial. B. XXXx/WIDs/1123s or similar documents regardless of title as discussed in subsection E below shall be issued in a timely fashion, by providing a copy of the document signed by a supervisor and employee at the time of issuance, generally within thirty (30) days from when the incident occurred or from date of discovery of the incident that forms the basis for the LOI/WID/1123. Unless special circumstances exist, XXXx/WIDs/1123s should not be written if the knowledge of the incident is more than thirty (30) days old. C. In cases where departmental staff are investigating an employee in a situation in which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/ LOI/WID. D. The parties agree that XXXx/WIDs (or similar documents regardless of title as discussed in subsection E below) are instructional and intended to improve job performance. Accordingly, XXXx/ XXXx/WIDs shall not be cited as charges in any adverse action. They may be used as supporting evidence by the State in a later disciplinary case, if the expiration date has not yet occurred, in order to show that the State has put the employee on notice about what is expected in the future. The LOI/WID (or similar document) may only be cited in or submitted as support for a subsequent adverse action to prove the employee knew about a law, rule, policy or employer expectation. The document shall not be cited in a subsequent Notice of Adverse Action or admitted into evidence to prove prior misconduct (or a pattern of misconduct) leading to the adverse action. E. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Report of Counseling, Letters of Contact, or Expectations of Work Performance memos. Such “minor” corrective memos memos, including any file or notes (electronic or paper) which are maintained by the supervisor, are to be placed in the employee’s supervisory file, but not in the employee’s personnel file. Supervisor files are subject to inspection consistent with Section 9.03. F. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in subsection E. above. This rebuttal shall be attached to and shall accompany the LOI/ LOI/WID. G. Disputes concerning this section are adjudicated under the mini-arb section. However, a violation of section D. above is arbitrable under sections 6.11 andand 6.12 and 6.11 C. in particular. The Arbitrator cannot in making their decision evaluate, review, or in any other manner involve the contents of the disputed document.

Letters of Instruction/Work Improvement Discussions/1123s. A. XXXx/WIDs and 1123s or similar documents regardless of title as discussed in subsection E below shall contain a specified expiration date, not to exceed one (1) year/six (6) months, respectively, from the date that management should have reasonably known of the incident resulting in the LOI/WID/1123. An LOI/WID/1123 should be removed from any and all of employee files maintained by the employee’s files state prior to its expiration date, provided that all requirements contained in the LOI/WID/1123 have been met. Upon the employee’s request to the Appointing Authority or his/her their designee, the LOI/WID/1123 shall be removed and given to the employee unless he/she requests they request that it be destroyed. Any denial of removal of an LOI/WID/1123 shall be in writing stating the reason for denial. B. XXXx/WIDs/1123s or similar documents regardless of title as discussed in subsection E below shall be issued in a timely fashion, by providing a copy of the document signed by a supervisor and employee at the time of issuance, generally within thirty (30) days from when the incident occurred or from date of discovery of the incident that forms the basis for the LOI/WID/1123. Unless special circumstances exist, XXXx/WIDs/1123s should not be written if the knowledge of the incident is more than thirty (30) days old. C. In cases where departmental staff are investigating an employee in a situation in which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/ LOI/WID. D. The parties agree that XXXx/WIDs (or similar documents regardless of title as discussed in subsection E below) are instructional and intended to improve job performance. Accordingly, XXXx/ XXXx/WIDs shall not be cited as charges in any adverse action. They may be used as supporting evidence by the State in a later disciplinary case, if the expiration date has not yet occurred, in order to show that the State has put the employee on notice about what is expected in the future. future.‌ The LOI/WID (or similar document) may only be cited in or submitted as support for a subsequent adverse action to prove the employee knew about a law, rule, policy or employer expectation. The document shall not be cited in a subsequent Notice of Adverse Action or admitted into evidence to prove prior misconduct (or a pattern of misconduct) leading to the adverse action. E. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Report of Counseling, Letters of Contact, or Expectations of Work Performance memos. Such “minor” corrective memos memos, including any file or notes (electronic or paper) which are maintained by the supervisor, are to be placed in the employee’s supervisory file, but not in the employee’s personnel file. Supervisor files are subject to inspection consistent with Section 9.03. F. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in subsection E. above. This rebuttal shall be attached to and shall accompany the LOI/ LOI/WID. G. Disputes concerning this section are adjudicated under the mini-arb section. However, a violation of section D. above is arbitrable under sections 6.11 andand 6.12 and 6.11 C. in particular. The Arbitrator cannot in making their decision evaluate, review, or in any other manner involve the contents of the disputed document.

Letters of Instruction/Work Improvement Discussions/1123s. A. XXXx/WIDs and 1123s or similar documents regardless of title as discussed in subsection E below shall contain a specified expiration date, not to exceed one one (1) year/six (6) months, respectively, from the date that management should have reasonably known of the incident resulting in the LOI/WID/1123. An LOI/LOI/ WID/1123 should be removed from any and all of employee files maintained by the employee’s files state prior to its expiration date, provided that all requirements contained in the LOI/WID/1123 have been met. Upon the employee’s request to the Appointing Authority or his/her their designee, the LOI/WID/1123 shall be removed and given to the employee unless he/she requests they request that it be destroyed. Any denial of removal of an LOI/WID/1123 shall be in writing stating the reason for denial. B. XXXx/WIDs/1123s or similar documents regardless of title as discussed in subsection E below shall be issued in a timely fashion, by providing a copy of the document signed by a supervisor and employee at the time of issuance, generally within thirty (30) days from when the incident occurred or from date of discovery of the incident that forms the basis for the LOI/WID/1123. Unless special circumstances exist, XXXx/XXXx/ WIDs/1123s should not be written if the knowledge of the incident is more than thirty (30) days old. C. In cases where departmental staff are investigating an employee in a situation in which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/LOI/ WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/ LOI/WID. D. The parties agree that XXXx/WIDs (or similar documents regardless of title as discussed in subsection E below) are instructional and intended to improve job performance. Accordingly, XXXx/ XXXx/WIDs shall not be cited as charges in any adverse action. They may be used as supporting evidence by the State in a later disciplinary case, if the expiration date has not yet occurred, in order to show that the State has put the employee on notice about what is expected in the future. The LOI/WID (or similar document) may only be cited in or submitted as support for a subsequent adverse action to prove the employee knew about a law, rule, policy or employer expectation. The document shall not be cited in a subsequent Notice of Adverse Action or admitted into evidence to prove prior misconduct (or a pattern of misconduct) leading to the adverse action. E. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Report of Counseling, Letters of Contact, or Expectations of Work Performance memos. Such “minor” corrective memos memos, including any file or notes (electronic or paper) which are maintained by the supervisor, are to be placed in the employee’s supervisory file, but not in the employee’s personnel file. Supervisor files are subject to inspection consistent with Section 9.03. F. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in subsection E. above. This rebuttal shall be attached to and shall accompany the LOI/ LOI/WID. G. Disputes concerning this section are adjudicated under the mini-arb section. However, a violation of section D. above is arbitrable under sections 6.11 and

Letters of Instruction/Work Improvement Discussions/1123s. A. XXXx/WIDs and 1123s or similar documents regardless of title as discussed in subsection E below shall contain a specified expiration date, not to exceed one one (1) year/six (6) months, respectively, from the date that management should have reasonably known of the incident resulting in the LOI/WID/1123. An LOI/LOI/ WID/1123 should be removed from any and all of employee files maintained by the employee’s files state prior to its expiration date, provided that all requirements contained in the LOI/WID/1123 have been met. Upon the employee’s request to the Appointing Authority or his/her designee, the LOI/WID/1123 shall be removed and given to the employee unless he/she requests that it be destroyed. Any denial of removal of an LOI/WID/1123 shall be in writing stating the reason for denial. B. XXXx/WIDs/1123s or similar documents regardless of title as discussed in subsection E below shall be issued in a timely fashion, generally within thirty (30) days from when the incident occurred or from date of discovery of the incident that forms the basis for the LOI/WID/1123. Unless special circumstances exist, XXXx/WIDs/1123s should not be written if the knowledge of the incident is more than thirty (30) days old. C. In cases where departmental staff are investigating an employee in a situation in which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/LOI/ WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/ WID. D. The parties agree that XXXx/WIDs (or similar documents regardless of title as discussed in subsection E below) are instructional and intended to improve job performance. Accordingly, XXXx/ WIDs shall not be cited as charges in any adverse action. They may be used as supporting evidence by the State in a later disciplinary case, if the expiration date has not yet occurred, in order to show that the State has put the employee on notice about what is expected in the future. The LOI/WID (or similar document) may only be cited in or submitted as support for a subsequent adverse action to prove the employee knew about a law, rule, policy or employer expectation. The document shall not be cited in a subsequent Notice of Adverse Action or admitted into evidence to prove prior misconduct (or a pattern of misconduct) leading to the adverse action. E. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Report of Counseling, Letters of Contact, or Expectations of Work Performance memos. Such “minor” corrective memos memos, including any file or notes (electronic or paper) which are maintained by the supervisor, are to be placed in the employee’s supervisory file, but not in the employee’s personnel file. Supervisor files are subject to inspection consistent with Section 9.03. F. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in subsection E. above. This rebuttal shall be attached to and shall accompany the LOI/ WID. G. Disputes concerning this section are adjudicated under the mini-arb section. However, a violation of section D. above is arbitrable under sections 6.11 and

Letters of Instruction/Work Improvement Discussions/1123s. A. XXXx/WIDs and 1123s or similar documents regardless of title as discussed in subsection E below shall contain a specified expiration date, not to exceed one (1) year/six (6) months, respectively, from the date that management should have reasonably known of the incident resulting in the LOI/WID/1123. An LOI/LOI/ WID/1123 should be removed from any and all of employee files maintained by the employee’s files state prior to its expiration date, provided that all requirements contained in the LOI/WID/1123 have been met. Upon the employee’s request to the Appointing Authority or his/her their designee, the LOI/WID/1123 shall be removed and given to the employee unless he/she requests they request that it be destroyed. Any denial of removal of an LOI/WID/1123 shall be in writing stating the reason for denial. B. XXXx/WIDs/1123s or similar documents regardless of title as discussed in subsection E below shall be issued in a timely fashion, by providing a copy of the document signed by a supervisor and employee at the time of issuance, generally within thirty (30) days from when the incident occurred or from date of discovery of the incident that forms the basis for the LOI/WID/1123. Unless special circumstances exist, XXXx/XXXx/ WIDs/1123s should not be written if the knowledge of the incident is more than thirty (30) days old. C. In cases where departmental staff are investigating an employee in a situation in which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/LOI/ WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/ LOI/WID. D. The parties agree that XXXx/WIDs (or similar documents regardless of title as discussed in subsection E below) are instructional and intended to improve job performance. Accordingly, XXXx/ XXXx/WIDs shall not be cited as charges in any adverse action. They may be used as supporting evidence by the State in a later disciplinary case, if the expiration date has not yet occurred, in order to show that the State has put the employee on notice about what is expected in the future. The LOI/WID (or similar document) may only be cited in or submitted as support for a subsequent adverse action to prove the employee knew about a law, rule, policy or employer expectation. The document shall not be cited in a subsequent Notice of Adverse Action or admitted into evidence to prove prior misconduct (or a pattern of misconduct) leading to the adverse action. E. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Report of Counseling, Letters of Contact, or Expectations of Work Performance memos. Such “minor” corrective memos memos, including any file or notes (electronic or paper) which are maintained by the supervisor, are to be placed in the employee’s supervisory file, but not in the employee’s personnel file. Supervisor files are subject to inspection consistent with Section 9.03. F. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in subsection E. above. This rebuttal shall be attached to and shall accompany the LOI/ LOI/WID. G. Disputes concerning this section are adjudicated under the mini-arb section. However, a violation of section D. above is arbitrable under sections 6.11 andand 6.12 and 6.11 C. in particular. The Arbitrator cannot in making their decision evaluate, review, or in any other manner involve the contents of the disputed document. § 9.04 28