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 introduced at the hearing shall be disclosed in accordance with the time frames set forth in Article 9.5(A). There shall be no presumption of guilt.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 interrogated 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 interrogation 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 interviewinterrogation. 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 shallshall immediately receive all information in the possession of the Judiciary including statements of persons making the claims, as soon as reasonably practicableidentification of such persons, but no later than ten business days after and all written information regarding the PNDA is served, receive information as described in Article 9.5(A). Any subsequently obtained evidence to be introduced at the hearing shall be disclosed in accordance with the time frames set forth in Article 9.5(A)claim. There shall be no presumption of guilt.
D. An employee shall not be disciplined or punished for acts which were known to the Judiciary more than one year prior to the service of a notice of a disciplinary charge except those which would constitute a crime or those which involve chronic and/or excessive absenteeism and lateness infractions for which the time period shall be twenty-four (24) months.
E. Either party may make a verbatim record of such hearing through a certified shorthand reporter, or a tape recording. Such record is to be made at the expense of the party who requests it. However, if both parties want a copy of the transcript, the cost of the transcript and the reporter shall be shared equally. The Association shall have the right to have a representative present at all meetings or hearings regarding discipline unless the employee objects and to receive notice of proposed discipline.
F. The union xxxxxxx, and the union officer where reasonable, along with the union designated attorney or non-employee representative, and the employee being disciplined and any necessary non-cumulative witnesses shall have the right to be present at disciplinary hearings with the employee’s consent, unless sequestered by the Hearing Officer for good cause. It is the goal of the parties to have Vicinage officials (union xxxxxxx) provide representation at minor discipline meetings and hearings. The union xxxxxxx and union officer and employee being disciplined and witnesses shall also have reasonable amounts of time off without loss of pay to appear at meetings and hearings involving the discipline, provided however, that where meetings are outside of the vicinage in which the discipline is being considered, time off to attend such meetings shall be taken with the consent of the other vicinage, which consent shall not be unreasonably withheld. The union xxxxxxx and union officer shall have the right to use employee facilities and equipment in this regard, reasonably and subject to availability, with reasonable notice given where appropriate. Disciplinary hearings and meetings shall be held during working hours unless mutually agreed otherwise. The time off shall include necessary travel time. An employee witness at a hearing shall be produced and have time off without loss of pay including travel time to appear at such meeting or hearing, and to be interviewed in preparation therefore.
G. Any hearing involving discipline shall be conducted and determined by an impartial hearing officer designated in accordance with this Article, who is not personally involved in the facts of the dispute or otherwise involved in a matter which could negatively impact upon such officer’s ability to be impartial. The hearing officer shall make findings of fact and an advisory recommendation to the Appointing Authority. A copy of the hearing officer’s decision will be sent to the parties simultaneously. The Appointing Authority or designee shall issue a final written determination. The Appointing Authority or designee can accept, reject or modify the hearing officer’s decision. If the hearing officer’s decision is modified or rejected, the Appointing Authority or designee shall explain why in the final written documentation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 interrogated 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 interrogation 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 introduced at the hearing shall be disclosed in accordance with the time frames set forth in Article 9.5(A). There shall be no presumption of guilt.the
Appears in 1 contract
Samples: Collective Bargaining Agreement
