Miscellaneous Provisions Regarding Discipline. A. The parties will work toward the development and implementation of discipline that is uniform throughout the Judiciary and the vicinages so that the standards for discipline and the imposition of discipline shall not vary from vicinage to vicinage or county to county. In addition, the concept of progressive discipline shall be followed except with respect to unclassified employees serving a probationary period. Where the Union identified specific situations where different standards are implemented for the same offense, the Judiciary will immediately take steps to reconcile the differences.
B. Neither minor nor major discipline is subject to the grievance and arbitration provisions of this agreement but classified employees may appeal a decision on major discipline to the Civil Service Commission in accordance with Civil Service Commission regulations. If, however, the Association feels that the provisions regarding disciplinary procedures are violated, it may make use of the grievance procedure or, provided this does not unduly delay the hearing, have immediate access to the Counsel to the Administrative Director or the Counsel’s designee who shall immediately convene a meeting as to such claim and may grant immediate relief involving such claim. The identity of such person in the Counsel’s office who shall be available to the Association at all times, shall be provided in writing to the Association.
C. Where an employee is interviewed during the course of an investigation of a charge or claim of misconduct against an employee, the employee shall be entitled to a representative of the Association as a witness or as an advisor during any interview of the employee or meeting with the employee concerning such charge or claim. The employee shall be advised of the nature of the charges at the time of the interview. No recording of such proceedings shall be made without notification to the parties. If a recording is made, the other party may request and receive a copy of such recording. “Recording” for purposes of this article is defined as a verbatim record made by a sound recording device, a video recorder, or a certified shorthand reporter. In the event the Judiciary brings disciplinary charges the employee or the Association with the employee’s written consent shall, as soon as reasonably practicable, but no later than ten business days after the PNDA is served, receive information as described in Article 9.5(A). Any subsequently obtained evidence to be ...
