Pre-disciplinary Conference Procedure. A. Whenever the Employer, or the Employer’s designee, determines that an employee may be disciplined for just cause (including only suspensions, reductions or termination), the Employer, or the Employer’s designee, will notify the employee that the employee is entitled to a pre-disciplinary conference in accordance with federal law. B. Pre-disciplinary conferences will be conducted by a neutral agency supervisor who will be selected by the Employer. C. Not less than twenty-four (24) hours prior to the scheduled starting time of the conference, the Employer will provide to the employee a written outline of the charges which may be the basis for disciplinary action. The employee may waive the conference in writing. D. At the pre-disciplinary conference, the neutral supervisor will ask the employee or the employee representative to respond to the allegations of misconduct which were outlined to the employee. The employee may elect to do either of the following: 1.) Present an oral or written statement; 2.) Have a representative present an oral or written statement; Further disciplinary action may result if any statement or information provided by the employee is not truthful. E. At the pre-disciplinary conference the employee may present any testimony, witnesses, or documents which explain whether or not the alleged conduct occurred. The employee shall provide a list of witnesses to the neutral supervisor as far in advance as possible, but not later than four (4) hours prior to the pre-disciplinary conference. It is the employee's responsibility to notify witnesses that their attendance is desired. The employee or the employee’s representative will be permitted to confront and cross examine witnesses. A written report will be prepared by the neutral supervisor concluding as to whether or not the alleged conduct occurred. The Employer will decide what discipline, if any, is appropriate. A copy of the neutral supervisor's report will be provided to the employee within five (5) days following its preparation. F. Copies of any written disciplinary actions shall be given to the employee at the time of the action. G. In lieu of suspension without pay of ten (10) days or less, an employee may request to forfeit accrued leave (except sick leave) on an hour for hour basis. At the Sheriff’s discretion should the parties agree to a forfeiture of such leave, it shall constitute corrective action of record. Such forfeiture shall be noted in the employee's personnel file and shall constitute the final resolution of the Employer's charges.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Pre-disciplinary Conference Procedure. A. Whenever the Employer, Employer (or the Employer’s designee, ) determines that an employee may be disciplined for just cause (cause, including only suspensionsloss of accrued time, reductions suspension, or termination), the Employer, Employer (or the Employer’s designee, ) will notify the employee employee, in writing, that the employee is entitled to a pre-disciplinary conference in accordance with federal lawconference.
B. PreA. The pre-disciplinary conferences conference will be conducted by a neutral agency supervisor who will be selected by scheduled no earlier than twenty-four (24) hours after the Employer.
C. Not less than time the employee is notified of the conference and of the charges against the employee. The employee may have one (1) local representative and/or one (1) Labor Council Employee present for the pre-disciplinary conference. The employee is responsible for notifying the representative(s). At least twenty-four (24) hours prior to the scheduled starting time of the conference, the Employer will provide to the employee a written outline of the charges which may be the basis for disciplinary action. The employee may waive the conference in writing.
D. At the pre-disciplinary conference, the neutral supervisor will ask Employer shall provide to the employee or the employee representative to respond to the allegations of misconduct which were outlined to the employee. The employee may elect to do either a copy of the following:
1.) Present an oral or written statement;
2.) Have a representative present an oral or written statement; Further disciplinary action may result if any statement or information provided by the employee is not truthfulinvestigation, complaint and witness statements.
E. B. At the pre-disciplinary conference the employee may elect to do any of the following:
1. Appear at the conference and present any testimonyan oral or written statement;
2. Appear at the conference and have a representative present an oral or written statement;
3. Have a representative appear at the conference and present an oral or written statement in place of an employee, witnesseswho is physically unable to appear at the conference; or
4. Elect to waive the opportunity to have a pre-disciplinary conference. An employee who, without notice, fails to appear or documents which explain whether or not fails to cause a representative to appear at a pre-disciplinary conference shall be considered to have waived the alleged conduct occurredconference. The neutral supervisor shall prepare a written report on the conference, and the employee shall provide be given a list copy of witnesses the report. An employee who is charged with violating the rules of conduct shall be given access to the neutral supervisor as far in advance as possible, but not later than four (4) hours prior documents pertinent to the case.
C. After the pre-disciplinary conference. It is , the employee's responsibility to notify witnesses that their attendance is desiredemployee shall be notified in writing of the disciplinary action and effective date of such disciplinary action. The employee or may file a written appeal of discipline in accordance with the employee’s representative will be permitted to confront grievance and cross examine witnesses. A written report will be prepared arbitration procedures set forth in Article 8 of this Agreement.
D. When the Employer determines that the offense is of such a nature that immediate action is required, the Employer is not prohibited by the neutral supervisor concluding as to whether or not the alleged conduct occurred. The Employer will decide what discipline, if any, is appropriate. A copy terms of the neutral supervisor's report will be provided to the this Article from placing an employee within five (5) days following its preparationon administrative leave with pay pending investigation and/or pre-disciplinary conference.
F. Copies of any written disciplinary actions shall be given to the employee at the time of the action.
G. E. In lieu of a suspension without pay of ten (10) days or less, an employee may request to forfeit accrued leave (except sick leave) on an hour for hour basis. At the Sheriff’s 's discretion should the parties may agree to a forfeiture of such leave. If the employee is represented by a union associate, it the employer shall initiate any such discussions for such forfeiture through the union associate. If the employee chose not to use a union representative, the employer will forward the final disposition of any such discipline to the union representative. It shall constitute corrective action of record. Such forfeiture shall be noted in the employee's personnel file and shall constitute the final resolution of the Employer's charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Pre-disciplinary Conference Procedure. A. Whenever the Employer, or the Employer’s designee, determines that an employee may be disciplined for just cause (including only suspensions, reductions or termination), the Employer, or the Employer’s designee, will notify the employee that the employee is entitled to a pre-disciplinary conference in accordance with federal law.
B. Pre-disciplinary conferences will be conducted by a neutral agency supervisor who will be selected by the Employer.
C. Not less than twenty-four (24) hours prior to the scheduled starting time of the conference, the Employer will provide to the employee a written outline of the charges which may be the basis for disciplinary action. The employee may waive the conference in writing.
D. At the pre-disciplinary conference, the neutral supervisor will ask the employee or the employee representative to respond to the allegations of misconduct which were outlined to the employee. The employee may elect to do either of the following:
1.) Present an oral or written statement;
2.) Have a representative present an oral or written statement; Further disciplinary action may result if any statement or information provided by the employee is not truthful.;
E. At the pre-disciplinary conference the employee may present any testimony, witnesses, or documents which explain whether or not the alleged conduct occurred. The employee shall provide a list of witnesses to the neutral supervisor as far in advance as possible, but not later than four (4) hours prior to the pre-disciplinary conference. It is the employee's responsibility to notify witnesses that their attendance is desired. The employee or the employee’s representative will be permitted to confront and cross examine witnesses. A written report will be prepared by the neutral supervisor concluding as to whether or not the alleged conduct occurred. The Employer will decide what discipline, if any, is appropriate. A copy of the neutral supervisor's report will be provided to the employee within five (5) days following its preparation.
F. Copies of any written disciplinary actions shall be given to the employee at the time of the action.
G. In lieu of suspension without pay of ten (10) days or less, an employee may request to forfeit accrued leave (except sick leave) on an hour for hour basis. At the Sheriff’s discretion should the parties agree to a forfeiture of such leave, it shall constitute corrective action of record. Such forfeiture shall be noted in the employee's personnel file and shall constitute the final resolution of the Employer's charges.
Appears in 1 contract
Samples: Final Agreement—support Unit
Pre-disciplinary Conference Procedure. A. Whenever the Employer, or the Employer’s 's designee, determines that an employee may be disciplined for just cause (including only suspensions, reductions or termination), the Employer, or the Employer’s 's designee, will notify the employee that the employee is entitled to a pre-disciplinary conference in accordance with federal law.
B. Pre-disciplinary conferences will be conducted by a neutral agency supervisor who will be selected by the Employer.
C. Not less than twenty-four (24) hours prior to the scheduled starting time of the conference, the Employer will provide to the employee a written outline of the charges which may be the basis for disciplinary action. The employee may waive the conference in writing.
D. At the pre-disciplinary conference, the neutral supervisor will ask the employee or the employee representative to respond to the allegations of misconduct which were outlined to the employee. The employee may elect to do either of the following:
1.) : Present an oral or written statement;
2.) ; Have a representative present an oral or written statement; Further disciplinary action may result if any statement or information provided by the employee is not truthful.
E. At the pre-disciplinary conference conference, the employee may present any testimony, witnesses, or documents which explain whether or not the alleged conduct occurred. The employee shall provide a list of witnesses to the neutral supervisor as far in advance as possible, but not later than four (4) hours prior to the pre-disciplinary conference. It is the employee's responsibility to notify witnesses that their attendance is desired. The employee or the employee’s 's representative will be permitted to confront and cross examine witnesses. A written report will be prepared by the neutral supervisor concluding as to whether or not the alleged conduct occurred. The Employer will decide what discipline, if any, is appropriate. A copy of the neutral supervisor's report will be provided to the employee within five (5) days following its preparation.
F. Copies of any written disciplinary actions shall be given to the employee at the time of the action.
G. In lieu of suspension without pay of ten (10) days or less, an employee may request to forfeit accrued leave (except sick leave) on an hour for hour basis. At the Sheriff’s Sheriff s discretion should the parties agree to a forfeiture of such leave, it shall constitute corrective action of record. Such forfeiture shall be noted in the employee's personnel file and shall constitute the final resolution of the Employer's charges.
Appears in 1 contract
Samples: Collective Bargaining Agreement