Common use of Notice of Discipline/Discharge Clause in Contracts

Notice of Discipline/Discharge. When the court is considering disciplinary action, the affected employee will be given written notice of the proposed disciplinary action. The notice will include (a) the proposed action to be taken, the date it is intended to become effective, and the specific grounds and particular facts upon which the proposed disciplinary action will be taken; (b) the materials upon which the charge(s) is based or a statement indicating where the materials upon which the charge is based are available for inspection, or a combination of the two; and (c) a statement informing the employee of his or her right to respond, either orally or in writing, to the charge(s), by the date specified in the notice. If the employee does not respond to the charge(s) within the time specified in the notice of proposed disciplinary action, the proposed disciplinary action will be considered conclusive and will take effect as described in the notice of proposed disciplinary action. The employee has the right to have the Union respond on his/her behalf. If the employee responds to the charge(s) within the time specified in the notice of proposed disciplinary action, the court shall consider the employee's response and all of the information upon which the charge(s) is based. The court shall then issue a determination on the notice of proposed disciplinary action. If the determination includes disciplinary action consisting of a suspension, a termination, or a demotion/reduction in pay, the employee, or the Union on behalf of the employee (with the employee's written approval) may appeal such determination in writing, within 20 calendar days of the date that the court issued the determination. If the Union does not represent the employee in any appeal, the decision on that appeal shall not set precedent on future disciplinary matters for bargaining unit employees. If no such appeal is in a timely manner filed, the determination of disciplinary action shall stand.

Notice of Discipline/Discharge. When the court Court Executive Officer or designee is considering disciplinary actionaction consisting of a suspension, termination or demotion/reduction in pay, the affected employee will be given written notice of the proposed disciplinary action. A copy of the notice will be sent simultaneously to the Union. The notice will include (a) the proposed action to be taken, the date it is intended to become effective, and the specific grounds and particular facts upon which the proposed disciplinary action will be taken; (b) the materials upon which the charge(s) is based or a statement indicating where the materials upon which the charge is based are available for inspection, or a combination of the two; and (c) a statement informing the employee of his or her right to respond, either orally or in writing, to the charge(s), by the date specified in the notice. If the employee does not respond to the charge(s) within the time specified in the notice of proposed disciplinary action, the proposed disciplinary action will be considered conclusive and will take effect as described in the notice of proposed disciplinary action. The employee has the right to have the Union respond on his/her behalf. If the employee responds to the charge(s) within the time specified in the notice of proposed disciplinary action, the court shall consider the employee's ’s response and all of the information upon which the charge(s) is based. The court Court Executive Officer or designee shall then issue a determination on the notice of proposed disciplinary action. If the determination includes disciplinary action consisting of a suspension, a termination, or a demotion/reduction in pay, the employee, or the Union on behalf of the employee (with the employee's ’s written approval) may appeal such determination in writing, within 20 calendar 10 business days of the date that the court Court Executive Officer or designee issued the determination. If the Union does not represent the employee in any appeal, the decision on that appeal shall not set precedent on future disciplinary matters for bargaining unit employees. If no such appeal is filed in a timely manner filedmanner, the determination of disciplinary action shall stand. If the Union is unable to obtain the employee’s signature before filing the appeal, it shall obtain the employee’s written approval within thirty calendar days of filing the appeal.