Common use of Positive Performance Counseling Program Clause in Contracts

Positive Performance Counseling Program. The parties recognize that the purpose of discipline is corrective, rather than punitive, and, for that purpose, have agreed to the Positive Performance Counseling Program set forth in this section to xxxxxx a more healthful and productive environment in which to address problems in the work place. Counseling sessions convened in accordance with the following provisions shall be conducted with these purposes in mind. Employees will be counseled by a Director, Assistant Director, or Maintenance Manager. The terms of this program shall not affect the right of employees and the Union to grieve and arbitrate any charge against an employee. Counseling on any matter shall not occur until disposition of a Labor Relations step grievance, if a grievance is filed. An employee who is charged with acts or failure to act which would justify discharge only in the context of the employee’s overall record and who, as a result thereof, is discharged shall be entitled to continue to work pursuant to the following provisions: (i) Such discharge shall be assessed by the appropriate supervisor, but the employee shall be permitted to continue working until the grievance procedure is concluded. (ii) If the discharge is upheld through the Labor Relations step of the grievance procedure, the employee’s active employment will terminate unless the Union requests final settlement of the matter, with a “last chance.” Such a request by the Union pursuant to this paragraph shall not be cited as, nor constitute a precedent with respect to any matter or discipline. Should the Union not request such a final settlement, the grievance concerning the discharge may be filed for arbitration pursuant to Section 202 of the Labor Agreement within thirty (30) working days from the receipt of the Labor Relations step answer. (iii) A “last chance” will consist of a one (1) day suspension, in lieu of discharge, followed by a one year probation. Upon the Union’s requesting final settlement of the matter with a “last chance,” the employee will be required to report to his/her Director or designee for “Discharge/Decision Day,” the final and most serious step in the PPCP. On “Discharge/Decision Day,” the Superintendent shall inform the employee that the discharge will be implemented unless the employee executes a formal agreement to modify the objectionable performance or behavior. The employee will then be suspended without pay for one day, following which, as a condition of further employment, the employee will be required to execute a work resumption agreement, the terms of which will not in any way alter or affect any right granted to the Union or the employee by the Labor Agreement. Upon signing the agreement, the employee may be required to submit to an interview evaluation by Employee Counseling Services. (iv) Should an employee on “last chance” probation be charged with committing an infraction for which discipline is justified, the employee shall be subject to an immediate discharge, which discharge will be subject to the grievance and arbitration procedure set forth in Sections 201 and 202 hereof, provided, however, that in an arbitration with respect to such a discharge, the impartial chairperson shall have jurisdiction only to determine if the employee committed the infraction and if that infraction justified any discipline and shall not have jurisdiction to modify the discharge. (v) An employee shall be eligible for only one “last chance” in his or her career.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Positive Performance Counseling Program. The parties recognize that the purpose of discipline is corrective, rather than punitive, and, for that purpose, have agreed to the Positive Performance Counseling Program set forth in this section to xxxxxx a more healthful and productive environment in which to address problems in the work place. Counseling sessions convened in accordance with the following provisions shall be conducted with these purposes in mind. Employees will be counseled by a Director, Assistant Director, or Maintenance Manager. The terms of this program shall not affect the right of employees and the Union to grieve and arbitrate any charge against an employee. Counseling on any matter shall not occur until disposition of a Labor Relations step grievance, if a grievance is filed. An employee who is charged with acts or failure to act which would justify discharge only in the context of the employee’s 's overall record and who, as a result thereof, is discharged shall be entitled to continue to work pursuant to the following provisions: (i) Such discharge shall be assessed by the appropriate supervisor, but the employee shall be permitted to continue working until the grievance procedure is concluded. (ii) If the discharge is upheld through the Labor Relations step of the grievance procedure, the employee’s 's active employment will terminate unless the Union requests final settlement of the matter, with a last chance.” . Such a request by the Union pursuant to this paragraph shall not be cited as, nor constitute a precedent with respect to any matter or discipline. Should the Union not request such a final settlement, the grievance concerning the discharge may be filed for arbitration pursuant to Section 202 701 of the Labor Agreement within thirty (30) working days from the receipt of the Labor Relations step answer. (iii) A last chance” chance will consist of a one (1) day suspension, in lieu of discharge, followed by a one one-year probation. Upon the Union’s 's requesting final settlement of the matter with a "last chance," the employee will be required to report to his/her Director or designee for "Discharge/Decision Day," the final and most serious step in the PPCP. On "Discharge/Decision Day," the Superintendent shall inform the employee that the discharge will be implemented unless the employee executes a formal agreement to modify the objectionable performance or behavior. The employee will then be suspended without pay for one day, following which, as a condition of further employment, the employee will be required to execute a work resumption agreement, the terms of which will not in any way alter or affect any right granted to the Union or the employee by the Labor Agreement. Upon signing the agreement, the employee may be required to submit to an interview evaluation by Employee Counseling Services. (iv) Should an employee on "last chance" probation be charged with committing an infraction for which discipline is justified, the employee shall be subject to an immediate discharge, which discharge will be subject to the grievance and arbitration procedure set forth in Sections 201 601 and 202 701 hereof, provided, however, that in an arbitration with respect to such a discharge, the impartial chairperson shall have jurisdiction only to determine if the employee committed the infraction and if that infraction justified any discipline and shall not have jurisdiction to modify the discharge. (v) An employee shall be eligible for only one "last chance" in his or her career.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Positive Performance Counseling Program. The parties recognize that the purpose of discipline is corrective, rather than punitive, and, for that purpose, have agreed to the Positive Performance Counseling Program set forth in this section to xxxxxx a more healthful and productive environment in which to address problems in the work placeworkplace. Counseling sessions convened in accordance with the following provisions shall be conducted with these purposes in mind. Employees will be counseled by a Director, Assistant Director, or Maintenance Manager. The terms of this program shall not affect the right of employees and the Union to grieve and arbitrate any charge against an employee. Counseling on any matter shall not occur until disposition of a Labor Relations step grievance, if a grievance is filed. An employee who is charged with acts or failure to act which would justify discharge only in the context of the employee’s overall record and who, as a result thereof, is discharged shall be entitled to continue to work pursuant to the following provisions: (i) Such discharge shall be assessed by the appropriate supervisor, but the employee shall be permitted to continue working until the grievance procedure is concluded. (ii) If the discharge is upheld through the Labor Relations step of the grievance procedure, the employee’s active employment will terminate unless the Union requests final settlement of the matter, with a “last chance.” Such a request by the Union pursuant to this paragraph shall not be cited as, nor constitute a precedent with respect to any matter or discipline. Should the Union not request such a final settlement, the grievance concerning the discharge may be filed for arbitration pursuant to Section 202 of the Labor Agreement within thirty (30) working days from the receipt of the Labor Relations step answer. (iii) A “last chance” will consist of a one (1) day suspension, in lieu of discharge, followed by a one year probation. Upon the Union’s requesting final settlement of the matter with a “last chance,” the employee will be required to report to his/her Director or designee for “Discharge/Decision Day,” the final and most serious step in the PPCP. On “Discharge/Decision Day,” the Superintendent shall inform the employee that the discharge will be implemented unless the employee executes a formal agreement to modify the objectionable performance or behavior. The employee will then be suspended without pay for one day, following which, as a condition of further employment, the employee will be required to execute a work resumption agreement, the terms of which will not in any way alter or affect any right granted to the Union or the employee by the Labor Agreement. Upon signing the agreement, the employee may be required to submit to an interview evaluation by Employee Counseling Services. (iv) Should an employee on “last chance” probation be charged with committing an infraction for which discipline is justified, the employee shall be subject to an immediate discharge, which discharge will be subject to the grievance and arbitration procedure set forth in Sections 201 and 202 hereof, provided, however, that in an arbitration with respect to such a discharge, the impartial chairperson shall have jurisdiction only to determine if the employee committed the infraction and if that infraction justified any discipline and shall not have jurisdiction to modify the discharge. (v) An employee shall be eligible for only one “last chance” in his or her career.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Positive Performance Counseling Program. The parties recognize that the purpose of discipline is corrective, rather than punitive, and, for that purpose, have agreed to the Positive Performance Counseling Program set forth in this section to xxxxxx a more healthful and productive environment in which to address problems in the work place. Counseling sessions convened in accordance with the following provisions shall be conducted with these purposes in mind. Employees will be counseled by a Director, Assistant Director, or Maintenance Manager. The terms of this program shall not affect the right of employees and the Union to grieve and arbitrate any charge against an employee. Counseling on any matter shall not occur until disposition of a Labor Relations step grievance, if a grievance is filed. An employee who is charged with acts or failure to act which would justify discharge only in the context of the employee’s overall record and who, as a result thereof, is discharged shall be entitled to continue to work pursuant to the following provisions: (i) Such discharge shall be assessed by the appropriate supervisor, but the employee shall be permitted to continue working until the grievance procedure is concluded. (ii) If the discharge is upheld through the Labor Relations step of the grievance procedure, the employee’s 's active employment will terminate unless the Union requests final settlement of the matter, with a “last chance." Such a request by the Union pursuant to this paragraph shall not be cited as, nor constitute a precedent with respect to any matter or discipline. Should the Union not request such a final settlement, the grievance concerning the discharge may be filed for arbitration pursuant to Section 202 of the Labor Agreement within thirty (30) working days from the receipt of the Labor Relations step answer. (iii) A "last chance" will consist of a one (1) day suspension, in lieu of discharge, followed by a one year probation. Upon the Union’s 's requesting final settlement of the matter with a "last chance," the employee will be required to report to his/her Director or designee for "Discharge/Decision Day," the final and most serious step in the PPCP. On "Discharge/Decision Day," the Superintendent shall inform the employee that the discharge will be implemented unless the employee executes a formal agreement to modify the objectionable performance or behavior. The employee will then be suspended without pay for one day, following which, as a condition of further employment, the employee will be required to execute a work resumption agreement, the terms of which will not in any way alter or affect any right granted to the Union or the employee by the Labor Agreement. Upon signing the agreement, the employee may be required to submit to an interview evaluation by Employee Counseling Services. (iv) Should an employee on "last chance" probation be charged with committing an infraction for which discipline is justified, the employee shall be subject to an immediate discharge, which discharge will be subject to the grievance and arbitration procedure set forth in Sections 201 and 202 hereof, provided, however, that in an arbitration with respect to such a discharge, the impartial chairperson shall have jurisdiction only to determine if the employee committed the infraction and if that infraction justified any discipline and shall not have jurisdiction to modify the discharge. (v) An employee shall be eligible for only one "last chance" in his or her career.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Positive Performance Counseling Program. The parties recognize that the purpose of discipline is corrective, rather than punitive, and, for that purpose, have agreed to the Positive Performance Counseling Program set forth in this section to xxxxxx a more healthful and productive environment in which to address problems in the work place. Counseling sessions convened in accordance with the following provisions shall be conducted with these purposes in mind. Employees will be counseled by a Director, Assistant Director, or Maintenance Manager. The terms of this program shall not affect the right of employees and the Union to grieve and arbitrate any charge against an employee. Counseling on any matter shall not occur until disposition of a Labor Relations step grievance, if a grievance is filed. An employee who is charged with acts or failure to act which would justify discharge only in the context of the employee’s overall record and who, as a result thereof, is discharged shall be entitled to continue to work pursuant to the following provisions: (i) Such discharge shall be assessed by the appropriate supervisor, but the employee shall be permitted to continue working until the grievance procedure is concluded. (ii) If the discharge is upheld through the Labor Relations step of the grievance procedure, the employee’s 's active employment will terminate unless the Union requests final settlement of the matter, with a “last chance." Such a request by the Union pursuant to this paragraph shall not be cited as, nor constitute a precedent with respect to any matter or discipline. Should the Union not request such a final settlement, the grievance concerning the discharge may be filed for arbitration pursuant to Section 202 of the Labor Agreement within thirty (30) working days from the receipt of the Labor Relations step answer. (iii) A "last chance" will consist of a one (1) day suspension, in lieu of discharge, followed by a one year probation. Upon the Union’s 's requesting final settlement of the matter with a "last chance," the employee will be required to report to his/her Director or designee for "Discharge/Decision Day," the final and most serious step in the PPCP. On "Discharge/Decision Day," the Superintendent shall inform the employee that the discharge will be implemented unless the employee executes a formal agreement to modify the objectionable performance or behavior. The employee will then be suspended without pay for one day, following which, as a condition of further employment, the employee will be required to execute a work resumption agreement, the terms of which will not in any way alter or affect any right granted to the Union or the employee by the Labor Agreement. Upon signing the agreement, the employee may be required to submit to an interview evaluation by Employee Counseling Services. (iv) Should an employee on "last chance" probation be charged with committing an infraction for which discipline is justified, the employee shall be subject to an immediate discharge, which discharge will be subject to the grievance and arbitration procedure set forth in Sections 201 and 202 hereof, provided, however, that in an arbitration with respect to such a discharge, the impartial chairperson shall have jurisdiction only to determine if the employee committed the infraction and if that infraction justified any discipline and shall not have jurisdiction to modify the discharge. her career. (v) An employee shall be eligible for only one "last chance" in his or her career.or

Appears in 1 contract

Samples: Collective Bargaining Agreement

Positive Performance Counseling Program. The parties recognize that the purpose of discipline is corrective, rather than punitive, and, for that purpose, have agreed to the Positive Performance Counseling Program set forth in this section to xxxxxx a more healthful and productive environment in which to address problems in the work place. Counseling sessions convened in accordance with the following provisions shall be conducted with these purposes in mind. Employees will be counseled by a Director, Assistant Director, or Maintenance Manager. The terms of this program shall not affect the right of employees and the Union to grieve and arbitrate any charge against an employee. Counseling on any matter shall not occur until disposition of a Labor Relations step grievance, if a grievance is filed. An employee who is charged with acts or failure to act which would justify discharge only in the context of the employee’s 's overall record and who, as a result thereof, is discharged shall be entitled to continue to work pursuant to the following provisions: (i) Such discharge shall be assessed by the appropriate supervisor, but the employee shall be permitted to continue working until the grievance procedure is concluded. (ii) If the discharge is upheld through the Labor Relations step of the grievance procedure, the employee’s 's active employment will terminate unless the Union requests final settlement of the matter, with a last chance.” . Such a request by the Union pursuant to this paragraph shall not be cited as, nor constitute a precedent with respect to any matter or discipline. Should the Union not request such a final settlement, the grievance concerning the discharge may be filed for arbitration pursuant to Section 202 701 of the Labor Agreement within thirty (30) working days from the receipt of the Labor Relations step answer. (iii) A last chance” chance will consist of a one (1) day suspension, in lieu of discharge, followed by a one year probation. Upon the Union’s 's requesting final settlement of the matter with a "last chance," the employee will be required to report to his/her Director or designee for "Discharge/Decision Day," the final and most serious step in the PPCP. On "Discharge/Decision Day," the Superintendent shall inform the employee that the discharge will be implemented unless the employee executes a formal agreement to modify the objectionable performance or behavior. The employee will then be suspended without pay for one day, following which, as a condition of further employment, the employee will be required to execute a work resumption agreement, the terms of which will not in any way alter or affect any right granted to the Union or the employee by the Labor Agreement. Upon signing the agreement, the employee may be required to submit to an interview evaluation by Employee Counseling Services. (iv) Should an employee on "last chance" probation be charged with committing an infraction for which discipline is justified, the employee shall be subject to an immediate discharge, which discharge will be subject to the grievance and arbitration procedure set forth in Sections 201 601 and 202 701 hereof, provided, however, that in an arbitration with respect to such a discharge, the impartial chairperson shall have jurisdiction only to determine if the employee committed the infraction and if that infraction justified any discipline and shall not have jurisdiction to modify the discharge. (v) An employee shall be eligible for only one "last chance" in his or her career.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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