Common use of Operator’s Rights Clause in Contracts

Operator’s Rights. A. At any meeting or investigation, at any level of the appeal and hearing procedure, the Operator and/or Union representative (with authorization from the Operator) shall be allowed to get whatever information is desired from the Operator’s personnel file. B. Any disciplinary action resulting in suspension or discharge shall be reported to the Union within two (2) days, and confirmed by letter within three (3) days of the date and time of notification of the Operator. C. If at the meeting or a subsequent hearing, the Operator who was suspended is determined to be completely blameless of charges regarding the offense; the Operator shall be reinstated to their former position without loss of METRO or classification seniority and will be paid wages lost as though the Operator had not been suspended. It is agreed that no entry shall be made on the Operator’s record of the suspension, if the Operator was found to be completely blameless. If it is found that the Operator in question was partially blameless, then METRO may reduce the penalty and/or return some or all of the Operator’s lost wages. D. An Operator shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Operator’s record as long as the complaint or charge remains on file. E. The Operator shall have the right to Union representation at any meeting or hearing that the Operator has a reasonable basis to suspect may result in discipline. The Operator’s representative or the Operator if not represented, will be allowed to question all witnesses. F. Adverse notations on the Operator’s record that result in a three (3) day suspension or less, which are more than twelve (12) months old, shall not be used for future discipline. Disciplinary suspensions of more than three

Operator’s Rights. A. At any meeting or investigation, at any level of the appeal and hearing procedure, the Operator and/or Union representative (with authorization from the Operator) shall be allowed to get whatever information is desired from the Operator’s personnel file. B. Any disciplinary action resulting in suspension or discharge shall be reported to the Union within two (2) days, and confirmed by letter within three (3) days of the date and time of notification of the Operator. C. If at the meeting or a subsequent hearing, the Operator who was suspended is determined to be completely blameless of charges regarding the offense; the Operator she shall be reinstated to their her former position without loss of METRO Metro or classification seniority and will be paid wages lost as though the Operator she had not been suspended. It is agreed that no entry shall be made on the Operator’s record of the suspension, if the Operator was found to be completely blameless. If it is found that the Operator in question was partially blameless, then METRO Metro may reduce the penalty and/or return some or all of the Operator’s lost wages. D. An Operator shall be given an opportunity to answer any charges or complaints in writing. This response shall remain part of the Operator’s record as long as the complaint or charge remains on file. E. The Operator shall have the right to Union representation at any meeting or hearing that the Operator she has a reasonable basis to suspect may result in discipline. The Operator’s representative or the Operator if not represented, will be allowed to question all witnesses. F. Adverse notations on the Operator’s record that result in a three (3) day suspension or less, which are more than twelve (12) months old, shall not be used for future discipline. Disciplinary suspensions of more than threethree (3) days, which are more than five (5) years old, shall not be used for future discipline. G. No adverse entry shall be placed in an Operator’s file unless written and signed by the person making the charge or complaint. Hearsay evidence shall not be the basis for discipline or adverse entry in the Operator’s record. Written declarations signed by the witness may be used as evidence. An Operator cannot be suspended as a result of a passenger complaint, unless the Operator has the right to face her accusers or witnesses in person. If Metro suspends or discharges an Operator under provisions of 16.01B prior to the completion of the first or second level hearing, the Operator has the right to face her accusers or witnesses in person before the discipline is imposed.