Common use of Notice and Initiation of Disciplinary Action Clause in Contracts

Notice and Initiation of Disciplinary Action. Where disciplinary action has not been determined by the end of the conference, normally within ten work days thereafter, the employee and the Chapter Representative shall be notified in writing of the results of the conference, extension of the investigation requested by either of the parties, and/or the disciplinary action to be taken or recommended. In all cases, disciplinary action, if forthcoming, shall be executed within 45 calendar days from the date of the disciplinary conference, excluding any approved leave, or absence due to workers’ compensation that makes the employee unavailable on the 45th or subsequent contiguous day(s), or any agreed upon extension. If the penalty is not executed within this time frame there will be no disciplinary action taken against the employee nor reference made to the matter in his/her personnel file. Formal notification to the employee with a copy to the MCO Chapter President of disciplinary action shall be in writing and shall spell out the charges and reasonable specifications. The employee shall also be provided a copy of the disciplinary conference summary, and may submit a document citing any objections or omissions to the summary content which will be retained with the summary. Where such notice involves loss of pay, it shall also advise the employee of the right to appeal. If presented to the employee personally, the employee shall sign for his/her copy; otherwise, the notice shall be sent to the employee by certified mail, return receipt requested, or other verifiable mail service, at the last address he/she provided the Employer. Upon notification to the employee that a disciplinary suspension will be assessed, the employee may exercise either of the following options in lieu of serving the suspension time, or to offset the imposition of discipline for a suspension without pay for investigation: 1. Pay a fine consisting of 85% of the employee’s hourly wages for the number of hours of the assessed disciplinary action. Fines will be made as a negative pay adjustment prior to taxes if permitted by IRS Regulations. As necessary, the Employer will distribute such fines across pay periods in order to comply with Fair Labor Standards Act requirements. 2. Forfeit accrued annual or compensatory time credits at a rate of one hour for each hour of the assessed disciplinary action. Hours for either option above will be based on an eight-hour day for the number of days of the assessed suspension, and the employee shall have until the end of the next business day to select one of these options. Such time will not count toward the 45-day time limit for assessing disciplinary action. The director of a department or his/her designee within the central or regional office may deny the request of an employee to exercise one of the above disciplinary options in unusual circumstances such as situations involving public notoriety or impact beyond the department.

Appears in 4 contracts

Samples: Security Unit Agreement, Security Unit Agreement, Security Unit Agreement

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Notice and Initiation of Disciplinary Action. Where disciplinary action has not been determined by the end of the conference, normally within five (5) work days but in no event more than ten (10) work days thereafter, the employee and the Chapter Representative shall be notified notified, in writing writing, of the results of the conference, extension of the investigation requested by either of the parties, and/or the disciplinary action to be taken or recommended. In all cases, disciplinary action, if forthcoming, shall be executed initiated within 45 forty-five (45) calendar days from the date of the disciplinary conference, excluding any approved leave, leave or absence due to workers’ compensation that makes the employee unavailable on the 45th or subsequent contiguous day(s), or any agreed upon extension. If the penalty is does not executed commence within this time frame there will be no disciplinary action taken against the employee nor reference made to the matter in his/her personnel file. Formal notification to the employee with a copy to the MCO Chapter President of disciplinary action shall be in writing and shall spell the form of a letter or form spelling out the charges and reasonable specifications. The employee shall also be provided a copy of the disciplinary conference summary, and may submit a document citing any objections or omissions to the summary content which will be retained with the summary. Where such notice involves loss of pay, it shall also advise the employee of the right to appeal. If presented to the employee personally, the employee shall sign for his/her copy; otherwise, the notice shall be sent to the employee by certified mail, return receipt requested, or other verifiable mail service, at the last address he/she provided the Employer. Upon notification to Where the employee Employer has determined that a disciplinary suspension will be assessed, upon notification of the assessed disciplinary action, the employee may exercise either of the following options in lieu of serving the suspension time, or to offset the imposition of discipline for a suspension without pay for investigation: 1. Pay a fine consisting of eighty-five percent (85% %) of the employee’s hourly wages for the number of hours of the assessed disciplinary action. Fines will be made as a negative pay adjustment prior to taxes if permitted by IRS Regulations. As necessary, the Employer will distribute such fines across pay periods in order to comply with Fair Labor Standards Act requirements. 2. Forfeit accrued annual or compensatory time credits at a rate of one (1) hour for each hour of the assessed disciplinary action. Hours for either option above will be based on an eight-eight (8) hour day for the number of days of the assessed suspension, and the employee shall have until the end of the next business day to select one of these options. Such time will not count toward the 45-day time limit for assessing disciplinary action. The director of a department or his/her designee within the central or regional office may deny the request of an employee to exercise one of the above disciplinary options in unusual circumstances such as situations involving public notoriety or impact beyond the department.

Appears in 1 contract

Samples: Security Unit Agreement

Notice and Initiation of Disciplinary Action. Where disciplinary action has not been determined by the end of the conference, normally within five work days but in no event more than ten work days thereafter, the employee and the Chapter Representative shall be notified in writing of the results of the conference, extension of the investigation requested by either of the parties, and/or the disciplinary action to be taken or recommended. In all cases, disciplinary action, if forthcoming, shall be executed within 45 calendar days from the date of the disciplinary conference, excluding any approved leave, or absence due to workers’ compensation that makes the employee unavailable on the 45th or subsequent contiguous day(s), or any agreed upon extension. If the penalty is not executed within this time frame there will be no disciplinary action taken against the employee nor reference made to the matter in his/her personnel file. Formal notification to the employee with a copy to the MCO Chapter President of disciplinary action shall be in writing and shall spell out the charges and reasonable specifications. The employee shall also be provided a copy of the disciplinary conference summary, and may submit a document citing any objections or omissions to the summary content which will be retained with the summary. Where such notice involves loss of pay, it shall also advise the employee of the right to appeal. If presented to the employee personally, the employee shall sign for his/her copy; otherwise, the notice shall be sent to the employee by certified mail, return receipt requested, or other verifiable mail service, at the last address he/she provided the Employer. Upon notification to the employee that a disciplinary suspension will be assessed, the employee may exercise either of the following options in lieu of serving the suspension time, or to offset the imposition of discipline for a suspension without pay for investigation: 1. Pay a fine consisting of 85% of the employee’s hourly wages for the number of hours of the assessed disciplinary action. Fines will be made as a negative pay adjustment prior to taxes if permitted by IRS Regulations. As necessary, the Employer will distribute such fines across pay periods in order to comply with Fair Labor Standards Act requirements. 2. Forfeit accrued annual or compensatory time credits at a rate of one hour for each hour of the assessed disciplinary action. Hours for either option above will be based on an eight-hour day for the number of days of the assessed suspension, and the employee shall have until the end of the next business day to select one of these options. Such time will not count toward the 45-day time limit for assessing disciplinary action. The director of a department or his/her designee within the central or regional office may deny the request of an employee to exercise one of the above disciplinary options in unusual circumstances such as situations involving public notoriety or impact beyond the department.

Appears in 1 contract

Samples: Security Unit Agreement

Notice and Initiation of Disciplinary Action. Where disciplinary action has not been determined by the end of the conference, normally within ten work days thereafter, the employee and the Chapter Representative shall be notified in writing of the results of the conference, extension of the investigation requested by either of the parties, and/or the disciplinary action to be taken or recommended. In all cases, disciplinary action, if forthcoming, shall be executed within 45 calendar days from the date of the disciplinary conference, excluding any approved leave, or absence due to workers’ compensation that makes the employee unavailable on the 45th or subsequent contiguous day(s), or any agreed upon extension. If the penalty is not executed within this time frame there will be no disciplinary action taken against the employee nor reference made to the matter in his/her personnel file. Formal notification to the employee with a copy to the MCO Chapter President of disciplinary action shall be in writing and shall spell out the charges and reasonable specifications. The employee shall also be provided a copy of the disciplinary conference summary, and may submit a document citing any objections or omissions to the summary content which will be retained with the summary. Where such notice involves loss of pay, it shall also advise the employee of the right to appeal. If presented to the employee personally, the employee shall sign for his/her copy; otherwise, the notice shall be sent to the employee by certified mail, return receipt requested, or other verifiable mail service, at the last address he/she provided the Employer. Upon notification to the employee that a disciplinary suspension will be assessed, the employee may exercise either of the following options in lieu of serving the suspension time, or to offset the imposition of discipline for a suspension without pay for investigation: 1. Pay a fine consisting of 85% of the employee’s hourly wages for the number of hours of the assessed disciplinary action. Fines will be made as a negative pay adjustment prior to taxes if permitted by IRS Regulations. As necessary, the Employer will distribute such fines across pay periods in order to comply with Fair Labor Standards Act requirements. 2. Forfeit accrued annual or compensatory time credits at a rate of one hour for each hour of the assessed disciplinary action. Hours for either option above will be based on an eight-hour day for the number of days of the assessed suspension, and the employee shall have until the end of the next business day to select one of these options. Such time will not count toward the 45-day time limit for assessing disciplinary action. The director of a department or his/her designee within the central or regional office may deny the request of an employee to exercise one of the above disciplinary options in unusual circumstances such as situations involving public notoriety or impact beyond the department.be

Appears in 1 contract

Samples: Security Unit Agreement

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Notice and Initiation of Disciplinary Action. Where disciplinary action has not been determined by the end of the conference, normally within ten work days thereafter, the employee and the Chapter Representative shall be notified in writing of the results of the conference, extension of the investigation requested by either of the parties, and/or the disciplinary action to be taken or recommended. In all cases, disciplinary action, if forthcoming, shall be executed within 45 calendar days from the date of the disciplinary conference, excluding any approved leave, or absence due to workers’ compensation that makes the employee unavailable on the 45th or subsequent contiguous day(s), or any agreed upon extension. If the penalty is not executed within this time frame there will be no disciplinary action taken against the employee nor reference made to the matter in his/her personnel file. Formal notification to the employee with a copy to the MCO Chapter President of disciplinary action shall be in writing and shall spell out the charges and reasonable specifications. The employee shall also be provided a copy of the disciplinary conference summary, and may submit a document citing any objections or omissions to the summary content which will be retained with the summary. Where such notice involves loss of pay, it shall also advise the employee of the right to appeal. If presented to the employee personally, the employee shall sign for his/her copy; otherwise, the notice shall be sent to the employee by certified mail, return receipt requested, or other verifiable mail service, at the last address he/she provided the Employer. Upon notification to the employee that a disciplinary suspension will be assessed, the employee may exercise either of the following options in lieu of serving the suspension time, or to offset the imposition of discipline for a suspension without pay for investigation: 1. Pay a fine consisting of 85% of the employee’s hourly wages for the number of hours of the assessed disciplinary action. Fines will be made as a negative pay adjustment prior to taxes if permitted by IRS Regulations. As necessary, the Employer will distribute such fines across pay periods in order to comply with Fair Labor Standards Act requirements. 2. Forfeit accrued annual or compensatory time credits at a rate of one hour for each hour of the assessed disciplinary action. Hours for either option above will be based on an eight-hour day for the number of days of the assessed suspension, and the employee shall have until the end of the next business day to select one of these options. Such time will not count toward the 45-day time limit for assessing disciplinary action. The director of a department or his/her designee within the central or regional office may deny the request of an employee to exercise one of the above disciplinary options in unusual circumstances such as situations involving public notoriety or impact beyond the department.

Appears in 1 contract

Samples: Working Agreement

Notice and Initiation of Disciplinary Action. Where disciplinary action has not been determined by the end of the conference, normally within ten work days thereafter, the employee and the Chapter Representative shall be notified in writing of the results of the conference, extension of the investigation requested by either of the parties, and/or the disciplinary action to be taken or recommended. In all cases, disciplinary action, if forthcoming, shall be executed within 45 calendar days from the date of the disciplinary conference, excluding any approved leave, or absence due to workers’ compensation that makes the employee unavailable on the 45th or subsequent contiguous day(s), or any agreed upon extension. If the penalty is not executed within this time frame there will be no disciplinary action taken against the employee nor reference made to the matter in his/her personnel file. Formal notification to the employee with a copy to the MCO Chapter President of disciplinary action shall be in writing and shall spell out the charges and reasonable specifications. The employee shall also be provided a copy of the disciplinary conference summary, and may submit a document citing any objections or omissions to the summary content which will be retained with the summary. Where such notice involves loss of pay, it shall also advise the employee of the right to appeal. If presented to the employee personally, the employee shall sign for his/her copy; otherwise, the notice shall be sent to the employee by certified mail, return receipt requested, or other verifiable mail service, at the last address he/she provided the Employer. Upon notification to the employee that a disciplinary suspension will be assessed, the employee may exercise either of the following options in lieu of serving the suspension time, or to offset the imposition of discipline for a suspension without pay for investigation: 1. Pay a fine consisting of 85% of the employee’s hourly wages for the number of hours of the assessed disciplinary action. Fines will be made as a negative pay adjustment prior to taxes if permitted by IRS Regulations. As necessary, the Employer will distribute such fines across pay periods in order to comply with Fair Labor Standards Act requirements. 2. Forfeit accrued annual or compensatory time credits at a rate of one hour for each hour of the assessed disciplinary action. Hours for either option above will be based on an eight-hour day for the number of days of the assessed suspension, and the employee shall have until the end of the next business day to select one of these options. Such time will not count toward the 45-day time limit for assessing disciplinary action. The director of a department or his/her designee within the central or regional office may deny the request of an employee to exercise one of the above disciplinary options in unusual circumstances such as situations involving public notoriety or impact beyond the department.

Appears in 1 contract

Samples: Security Unit Agreement

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