Common use of Penalty Determination Clause in Contracts

Penalty Determination. a. In order to determine the appropriate penalty for an Employee such as a disciplinary or adverse action, the Employer will consider the relevant factors as determined by governing law (for example, applying the factors articulated by the Merit Systems Protection Board in Xxxxxxx x. Veterans Administration, 5 M.S.P.R. 280 (1981) to applicable adverse actions). b. The Parties recognize that discipline may be progressive in nature, however the progressive sequence of discipline is not required. It is understood that some offenses may be cause for severe action, including removal, irrespective of whether previous disciplinary or adverse actions have been taken against the employee.