Common use of Other Procedures Clause in Contracts

Other Procedures. A. Negotiation and bargaining permitted - this Article does not preclude the Employer and an employee from agreeing to: 1. holding in abeyance a disciplinary action for a period not to exceed 18 months in order to permit the employee to improve conduct or performance; 2. imposition of a lesser disciplinary action as a final and binding action. B. Failure to appeal - if an employee fails to appeal a decision per law, regulation, or policy, the employee is considered to have accepted the decision. C. Time limits - the parties may agree to waive or extend any time limits as stated in this article. D. Resolution of appeal encouraged - each party shall make every effort to resolve an appeal at the lowest level possible. E. A failure to decide an appeal in accordance with law and regulation is considered a denial from which an appeal may be made. F. No supervisor shall use threats or coercion, including the threat of termination, to induce or attempt to induce an employee in the skilled service or professional service to resign. If management intends to impose disciplinary action, it must first do so before discussing resignation with the employee. G. Management shall not willfully misrepresent the appropriateness of any disciplinary sanction to either increase the level of said disciplinary sanction or prompt acceptance of a lesser disciplinary sanction. Moreover, management shall not deny any bargaining unit employee the right to representation by the exclusive representative as provided in Section 3 of this Article during any settlement discussions pertaining to disciplinary actions, or make a settlement offer contingent upon an employee voluntarily waiving his/her right to representation. 1. An employee may have up to four (4) hours, or where less than four (4) hours remain in the employee's workday, until noon of the next regularly scheduled workday (exclusive of Saturdays, Sundays and holidays) after a settlement offer is made by management to advise management of his/her decision to accept, or reject the settlement offer. 2. Where the time frame allowed an employee to consider the settlement would cause the disciplinary action to be untimely, the employee must sign an acknowledgement that extends the time limits in Section 5 by no more than one (1) workday for FLSA non-exempt employees and no more than five (5) workdays for FLSA exempt employees. If the extended time frame to impose discipline expires before the employee reports back to the appointing authority with a decision, the settlement offer shall be considered rescinded and the initial discipline shall be considered imposed within the appropriate timeframe and cannot be appealed as being untimely.

Other Procedures. A. Negotiation and bargaining permitted - this Article does not preclude the Employer and an employee from agreeing to: 1. holding in abeyance a disciplinary action for a period not to exceed 18 months in order to permit the employee to improve conduct or performance; 2. imposition of a lesser disciplinary action as a final and binding action. B. Failure to appeal - if an employee fails to appeal a decision per law, regulation, or policy, the employee is considered to have accepted the decision. C. Time limits - the parties may agree to waive or extend any time limits as stated in this article. D. Resolution of appeal encouraged - each party shall make every effort to resolve an appeal at the lowest level possible. E. A failure to decide an appeal in accordance with law and regulation is considered a denial from which an appeal may be made. F. No supervisor shall use threats or coercion, including the threat of termination, to induce or attempt to induce an employee in the skilled service or professional service to resign. If management intends to impose disciplinary action, it must first do so before discussing resignation with the employee. G. Management shall not willfully misrepresent the appropriateness of any disciplinary sanction to either increase the level of said disciplinary sanction or prompt acceptance of a lesser disciplinary sanction. Moreover, management shall not deny any bargaining unit employee the right to representation by the exclusive representative as provided in Section 3 of this Article during any settlement discussions pertaining to disciplinary actions, or make a settlement offer contingent upon an employee voluntarily waiving his/her right to representation. 1. An employee may have up to four (4) hours, or where less than four (4) hours remain in the employee's workday, until noon of the next regularly scheduled workday (exclusive of Saturdays, Sundays and holidays) after a settlement offer is made by management to advise management of his/her decision to accept, or reject the settlement offer. 2. Where the time frame allowed an employee to consider the settlement would cause the disciplinary action to be untimely, the employee must sign an acknowledgement that extends the time limits in Section 5 by no more than one one (1) workday for FLSA non-exempt employees and no more than five (5) workdays for FLSA exempt employees. If the extended time frame to impose discipline expires before the employee reports back to the appointing authority with a decision, the settlement offer shall be considered rescinded and the initial discipline shall be considered imposed within the appropriate timeframe and cannot be appealed as being untimely.

Other Procedures. A. Negotiation and bargaining permitted - this Article does not preclude the Employer and an employee from agreeing to: 1. holding in abeyance a disciplinary action for a period not to exceed 18 months in order to permit the employee to improve conduct or performance; 2. imposition of a lesser disciplinary action as a final and binding action. B. Failure to appeal - if an employee fails to appeal a decision per law, regulation, or policy, the employee is considered to have accepted the decision. C. Time limits - the parties may agree to waive or extend any time limits as stated in this article. D. Resolution of appeal encouraged - each party shall make every effort to resolve an appeal at the lowest level possible. E. A failure to decide an appeal in accordance with law and regulation is considered a denial from which an appeal may be made. F. No supervisor shall use threats or coercion, including the threat of termination, to induce or attempt to induce an employee in the skilled service or professional service to resign. If management intends to impose disciplinary action, it must first do so before discussing resignation with the employee. G. Management shall not willfully misrepresent the appropriateness of any disciplinary sanction to either increase the level of said disciplinary sanction or prompt acceptance of a lesser disciplinary sanction. Moreover, management shall not deny any bargaining unit employee the right to representation by the exclusive representative as provided in Section 3 of this Article during any settlement discussions pertaining to disciplinary actions, or make a settlement offer contingent upon an employee voluntarily waiving his/her right to representation. 1. An employee may have up to four (4) hours, or where less than four (4) hours remain in the employee's workday, until noon of the next regularly scheduled workday (exclusive of Saturdays, Sundays and holidays) after a settlement offer is made by management to advise management of his/her decision to accept, or reject the settlement offer. 2. Where the time frame allowed an employee to consider the settlement would cause the disciplinary action to be untimely, the employee must sign an acknowledgement that extends the time limits in Section 5 by no more than one one (1) workday for FLSA non-non- exempt employees and no more than five (5) workdays for FLSA exempt employees. If the extended time frame to impose discipline expires before the employee reports back to the appointing authority with a decision, the settlement offer shall be considered rescinded and the initial discipline shall be considered imposed within the appropriate timeframe and cannot be appealed as being untimely.

Other Procedures. A. Negotiation and bargaining permitted - this Article does not preclude the Employer and an employee from agreeing to: 1. holding in abeyance a disciplinary action for a period not to exceed 18 months in order to permit the employee to improve conduct or performance; 2. imposition of a lesser disciplinary action as a final and binding action. B. Failure to appeal - if an employee fails to appeal a decision per law, regulation, or policy, the employee is considered to have accepted the decision. C. Time limits - the parties may agree to waive or extend any time limits as stated in this article. D. Resolution of appeal encouraged - each party shall make every effort to resolve an appeal at the lowest level possible. E. A failure to decide an appeal in accordance with law and regulation is considered a denial from which an appeal may be made. F. No supervisor shall use threats or coercion, including the threat of termination, to induce or attempt to induce an employee in the skilled service or professional service to resign. If management intends to impose disciplinary action, it must first do so before discussing resignation with the employee. G. Management shall not willfully misrepresent the appropriateness of any disciplinary sanction to either increase the level of said disciplinary sanction or prompt acceptance of a lesser disciplinary sanction. Moreover, management shall not deny any bargaining unit employee the right to representation by the exclusive representative as provided in Section 3 of this Article during any settlement discussions pertaining to disciplinary actions, or make a settlement offer contingent upon an employee voluntarily waiving his/her right to representation. 1. An employee may have up to four (4) hours, or where less than four (4) hours remain in the employee's workday, until noon of the next regularly scheduled workday (exclusive of Saturdays, Sundays and holidays) after a settlement offer is made by management to advise management of his/her decision to accept, or reject the settlement offer. 2. Where the time frame allowed an employee to consider the settlement would cause the disciplinary action to be untimely, the employee must sign an acknowledgement that extends the time limits in Section 5 by no more than one (1l) workday for FLSA non-exempt employees and no more than five (5) workdays for FLSA exempt employees. If the extended time frame to impose discipline expires before the employee reports back to the appointing authority with a decision, the settlement offer shall be considered rescinded and the initial discipline shall be considered imposed within the appropriate timeframe and cannot be appealed as being untimely.