Pre-Disciplinary Meeting. If the proposed disciplinary action involves a higher level of discipline than a written reprimand, the employee is accorded a pre-disciplinary meeting (“Xxxxxxxxxx” meeting) prior to the decision to remove or suspend. The purpose of the meeting is to allow the accused employee the ability to tell his/her side of the story as to why he/she should not be removed. The employee will be given at least three (3) business days’ notice before the meeting. In attendance at the meeting will be the recommending supervisor if necessary, the employee, and a representative from Human Resources. The employee may have a designated Lodge representative and/or attorney if he/she requests or signs a waiver indicating the waiver of his/her right to Lodge representation. Prior to the Xxxxxxxxxx meeting, the employee will be given a notice of the meeting along with the actual charges, a copy of all evidence in our possession at the time (including but not limited to: summaries; reports; witness statements; audio and video recordings by mutual agreement; and summaries made in lieu of witness statements, lists of all persons interviewed, lists of any evidence gathered) and a list of witnesses that the College will use to support the allegations. There shall be no witnesses or testimony at the pre-disciplinary Xxxxxxxxxx meeting. The employee may ask questions to clarify the issues and charges. However, while there will be no formal cross-examination of the employee or the supervisor, the Human Resources Representative and the Lodge representative and/or attorney may ask questions of all parties involved. Notwithstanding the foregoing, it is recognized that the employee is not required to answer any questions and may waive attendance at the meeting. Failure to attend the meeting will constitute a waiver of the employee’s rights to present an explanation of their actions and as a result, may lead to a decision being made without the employee’s explanation. At the conclusion of the meeting, the Human Resources Representative shall write a summary of the meeting and determine if there was a violation of the work rules, policies or procedures. That report shall be sent to the Vice President and General Counsel within five (5) business days of the conclusion of the meeting. The supervisor, Vice President for that area, and the Vice President General Counsel/Designee shall meet and make a recommendation to the President. The employee will be notified of the President’s decision in writing.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Pre-Disciplinary Meeting. If the proposed disciplinary action involves a higher level of For discipline other than a written reprimandoral reprimands, the employee is accorded Employer shall hold a pre-disciplinary meeting (“Xxxxxxxxxx” meeting) prior . Pre- disciplinary meetings and employee review hearings shall be held during the employee's worktime. If arrangements for such cannot reasonably be made, the hearing shall be scheduled immediately preceding or immediately following the employee's shift on the employee's workday. An employee whose hearing begins after the end of his/her shift shall be paid from the end of his/her shift through the end of his/her hearing at the appropriate rate. An employee whose hearing begins before the start of his/her shift shall be paid from the time the hearing is scheduled through the start of the employee's shift at the appropriate rate. Should the hearing be postponed or rescheduled at the request of the employee and/or the Union at a time other than before, during, or after the employee's shift, provisions for payment shall not apply. An employee’s Working Supervisor may be allowed to conduct pre-disciplinary meetings under supervision of a non-bargaining unit supervisor. The role of Working Supervisors who are union representatives shall be to provide relevant information or to attend pre-disciplinary meetings to assist in the process. The limitation of said duties shall not be detrimental in any way to the decision Working Supervisor’s record. Prior to remove or suspend. The purpose notifying the employee of the contemplated measure of discipline to be imposed, the Employer shall notify the Union of the meeting is and reasonably in advance of such meeting shall provide the Union with the alleged infraction and shall make every reasonable effort to allow provide all documentation being used by the accused Employer to substantiate the alleged infraction. The Employer then shall meet with the employee the ability to tell hisinvolved and inform him/her side of the story as reasons for such contemplated disciplinary action including any names of witnesses and copies of pertinent documents. Employees shall be informed of their rights to why he/she should not Union representation and shall be removed. The employee will be given at least three (3) business days’ notice before the meeting. In attendance at the meeting will be the recommending supervisor entitled to such, if necessary, so requested by the employee, and a representative from Human Resources. The employee may have a designated Lodge representative and/or attorney if he/she requests or signs a waiver indicating the waiver of his/her right to Lodge representation. Prior to the Xxxxxxxxxx meeting, the employee will and Union representative shall be given the opportunity to rebut or clarify the reasons for such discipline. If a notice of the meeting along with the actual charges, a copy of all evidence in our possession rebuttal is not presented at the time (including but not limited to: summaries; reports; witness statements; audio and video recordings by mutual agreement; and summaries made in lieu of witness statementsthe pre- disciplinary meeting, lists of all persons interviewed, lists of any evidence gathered) and a list of witnesses that the College will use to support the allegations. There rebuttal shall be no witnesses or testimony at the pre-disciplinary Xxxxxxxxxx meeting. The employee may ask questions to clarify the issues and charges. However, while there will be no formal cross-examination of the employee or the supervisor, the Human Resources Representative and the Lodge representative and/or attorney may ask questions of all parties involved. Notwithstanding the foregoing, it is recognized that the employee is not required to answer any questions and may waive attendance at the meeting. Failure to attend the meeting will constitute a waiver of the employee’s rights to present an explanation of their actions and as a result, may lead to a decision being made without the employee’s explanation. At the conclusion of the meeting, the Human Resources Representative shall write a summary of the meeting and determine if there was a violation of the work rules, policies or procedures. That report shall be sent to the Vice President and General Counsel provided within five (5) business work days by the employee or the Union, provided that the documentation has been supplied reasonably in advance of the conclusion meeting as set forth in this section. Reasonable extensions of the meeting. The supervisor, Vice President time for that area, and the Vice President General Counsel/Designee shall meet and make a recommendation to the President. The employee rebuttal purposes will be notified of allowed when warranted and if requested. If the President’s decision employee does not request Union representation, a Union representative shall nevertheless be entitled to be present as a non-active participant at any and all such meetings. Except for discipline pursuant to an agreed upon time abuse policy, the current procedure for pre-suspension/pre-separation hearings in writingXxxx County Public Aid shall continue, unless amended by the parties in supplemental negotiations.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Pre-Disciplinary Meeting. If the proposed disciplinary action involves a higher level of discipline than a written reprimand, the employee is accorded a pre-disciplinary meeting (“Xxxxxxxxxx” meeting) prior Prior to the decision imposition of a suspension or termination, an employee has the right to remove or suspend. The purpose of the meeting is to allow the accused employee the ability to tell his/her side of the story as to why he/she should not be removeda meeting. The employee will may waive this meeting, which shall be given at least scheduled no earlier than three (3) business days’ notice before days following the notification to the employee. Should the employee elect to forego the pre-disciplinary meeting and accept the recommended disciplinary action as stated on the waiver form, they must sign the pre-disciplinary meeting waiver form. Absent any extenuating circumstances, failure to appear at the meeting will result in a waiver of the right to a meeting. Prior to the day of the meeting, an employee who is charged, or their representative, may make a written request for a continuance of up to forty-eight (48) hours. Such continuance shall not be unreasonably denied. A continuance may be longer than forty-eight (48) hours if mutually agreed to by the parties. Prior to the meeting, the employee and their representative shall be informed in writing of the reasons for the contemplated discipline and the possible form of discipline. When the pre-disciplinary notice is sent, the College will provide a list of witnesses and documents used to support the possible disciplinary action. If the College becomes aware of additional witnesses or documents that will be considered, they shall also be provided to the Union and the employee. In attendance at the meeting will be the recommending supervisor if necessary, the employee, their representative, appropriate management representatives, and a representative from the hearing officer as designated by Human Resources. The employee may have a designated Lodge representative and/or attorney if he/she requests or signs a waiver indicating participants will discuss the waiver of his/her right to Lodge representation. Prior to reasons for the Xxxxxxxxxx meeting, the employee will be given a notice of the meeting along with the actual charges, a copy of all evidence in our possession at the time (including but not limited to: summaries; reports; witness statements; audio and video recordings by mutual agreement; and summaries made in lieu of witness statements, lists of all persons interviewed, lists of any evidence gathered) and a list of witnesses that the College will use to support the allegations. There shall be no witnesses or testimony at the pre-proposed disciplinary Xxxxxxxxxx meetingaction. The employee may tell their side of the story and may ask questions to clarify the issues and charges. However, while there will There shall be no formal cross-examination of the employee employee, witnesses, or the supervisormanagement representatives. However, the Human Resources Representative and the Lodge representative and/or attorney Department designee may ask questions of all parties involved. Notwithstanding At the foregoing, it is recognized that the employee is not required to answer any questions and may waive attendance at the meeting. Failure to attend the meeting will constitute a waiver discretion of the employee’s rights to present an explanation College, in cases where a criminal investigation may occur, the pre- discipline meeting may be delayed until after disposition of their actions and as a result, may lead to a decision being made without the employee’s explanationcriminal charges. At the conclusion of the meeting, the Human Resources Representative hearing officer shall write a summary of the meeting and determine if there was a violation of the work rules, policies policies, or proceduresprocedures resulting in just cause for the imposition of disciplinary action. That report shall be sent to the Vice President and General Counsel Executive Director of Human Resources within five (5) business days of the conclusion of the meeting. The supervisor, Vice President for that area, and the Vice President General Counsel/Designee shall meet and make a recommendation to the President. The employee will be notified of the PresidentPresident’s/designee’s decision in writing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Pre-Disciplinary Meeting. If the proposed disciplinary action involves a higher level of discipline than a written reprimand, the employee is accorded a pre-disciplinary meeting (“Xxxxxxxxxx” meeting) prior to the decision to remove or suspend. The purpose of the meeting is to allow the accused employee the ability to tell his/her side of the story as to why he/she should not be removed. The employee will be given at least three (3) business days’ notice before the meeting. In attendance at the meeting will be the recommending supervisor if necessary, the employee, and a representative from Human Resources. The employee may have a designated Lodge representative and/or attorney if he/she requests or signs a waiver indicating the waiver of his/her right to Lodge representation. Prior to the Xxxxxxxxxx meeting, the employee will be given a notice of the meeting along with the actual charges, a copy of all evidence in our possession at the time (including but not limited to: summaries; reports; witness statements; audio and video recordings by mutual agreement; and summaries made in lieu of witness statements, lists of all persons interviewed, lists of any evidence gathered) and a list of witnesses that the College will use to support the allegations. There shall be no witnesses or testimony at the pre-disciplinary Xxxxxxxxxx meeting. The employee may ask questions to clarify the issues and charges. However, while there will be no formal cross-cross- examination of the employee or the supervisor, the Human Resources Representative and the Lodge representative and/or attorney may ask questions of all parties involved. Notwithstanding the foregoing, it is recognized that the employee is not required to answer any questions and may waive attendance at the meeting. Failure to attend the meeting will constitute a waiver of the employee’s rights to present an explanation of their actions and as a result, may lead to a decision being made without the employee’s explanation. At the conclusion of the meeting, the Human Resources Representative shall write a summary of the meeting and determine if there was a violation of the work rules, policies or procedures. That report shall be sent to the Vice President and General Counsel within five (5) business days of the conclusion of the meeting. The supervisor, Vice President for that area, and the Vice President General Counsel/Designee shall meet and make a recommendation to the President. The employee will be notified of the President’s decision in writing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Pre-Disciplinary Meeting. If 15.3.2.1 Before any suspension is imposed the proposed disciplinary action involves a higher level of discipline than a written reprimand, unit member shall be given the employee is accorded opportunity to attend a pre-disciplinary meeting (“Xxxxxxxxxx” meeting) prior before the Superintendent or designee, to respond to the charges and causes. At that meeting the unit member will be afforded a reasonable opportunity to provide information for the Superintendent’s/designee’s consideration before the Superintendent/designee makes a decision to remove or suspendregarding the proposed discipline. The purpose of the meeting is to allow the accused employee the ability to tell his/her side of the story as to why he/she should not be removed. The employee proceeding will be given at least three (3) business days’ notice before the meeting. In attendance at the meeting will be the recommending supervisor if necessary, the employee, and a representative from Human Resources. The employee may have a designated Lodge representative and/or attorney if he/she requests or signs a waiver indicating the waiver of his/her right to Lodge representation. Prior to the Xxxxxxxxxx meeting, the employee will be given a notice of the meeting along with the actual charges, a copy of all evidence in our possession at the time (including but not limited to: summariesinformal; reports; witness statements; audio and video recordings by mutual agreement; and summaries made in lieu of witness statements, lists of all persons interviewed, lists of any evidence gathered) and a list of witnesses that the College will use to support the allegations. There shall be no witnesses or testimony at the pre-disciplinary Xxxxxxxxxx meeting. The employee may ask questions to clarify the issues and charges. However, while there will be no formal cross-examination of witnesses or formal presentation of evidence. The Superintendent/designee will receive all information provided by the employee or the supervisor, the Human Resources Representative and the Lodge representative and/or attorney may ask questions of all parties involved. Notwithstanding the foregoing, it is recognized that the employee is not required to answer any questions unit member and may waive attendance elect to conduct his/her own further review of information after the meeting and before making his/her determination. The unit member may have a representative of his/her choice attend and represent him/her at the meeting. Failure However, the unit member must be present at the meeting or otherwise waive the right to the pre-disciplinary meeting.
15.3.2.2 Within 10 days of this pre-disciplinary meeting, the Superintendent/designee shall make his/her determination and may issue a “Notice of Disciplinary Action” to the unit member, if a suspension will be imposed.
15.3.2.3 The “Notice of Disciplinary Action” will be personally served on the unit member or sent by regular and certified mail to the unit member’s last known address on file and a copy will be placed in the unit member’s personnel file. This Notice shall inform the unit member of the number of suspension days to be imposed and the proposed dates when the suspension will take effect.
15.3.2.4 For suspensions of two or fewer days, the unit member’s appeal and review shall be limited to the pre-disciplinary meeting with the Superintendent or designee. If the Superintendent approves a suspension of two or fewer days, the Superintendent or designee shall determine the dates when the suspension, if any, will be imposed.
15.3.2.5 If a suspension of three to 10 days is imposed, the unit member may appeal the Superintendent’s determination to the Governing Board. Such appeal must be filed in writing with the Governing Board within five days of the Superintendent’s determination to impose a suspension of three to 10 days. A copy of the appeal shall be forwarded to the Superintendent.
15.3.2.6 If the unit member appeals the suspension of three to 10 days, the Board shall consider the “Notice of Disciplinary Action” during the closed session portion of a regular or special board meeting. The unit member has the right to have a representative attend the meeting and represent him/her. However, the unit member must be present at the meeting or otherwise waive the right to address the Board.
15.3.2.7 The unit member will constitute a waiver be provided with written notice of the employee’s rights to present an explanation of their actions time and as a result, may lead to a decision being made without the employee’s explanation. At the conclusion place of the meetingclosed session in which the unit member’s appeal will be heard by the Board. Pursuant to Government Code section 54957, the Human Resources Representative notice shall write a summary advise the unit member of his/her right to have the Board hear the appeal in either open or closed session. If the unit member requests the matter be heard in open session, such request must be provided to the Superintendent prior to the day in which the agenda is finalized for the scheduled Board meeting.
15.3.2.8 Following the presentation by the parties in closed or open session, the Board shall meet privately to discuss and deliberate and make its decision regarding whether the suspension shall be upheld. The Board has the discretion to reject or modify the proposed number of days of suspension. However, the Board may not increase the number of days of suspension.
15.3.2.9 The written decision of the meeting Board shall be served upon the unit member and determine if there was a violation the Association. The decision of the work rules, policies or procedures. That report Board shall be sent to the Vice President and General Counsel within five (5) business days of the conclusion of the meeting. The supervisor, Vice President for that area, and the Vice President General Counsel/Designee shall meet and make a recommendation to the President. The employee will be notified of the President’s decision in writingfinal.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Pre-Disciplinary Meeting. If the proposed disciplinary action involves a higher level suspension, an informal meeting will be held with the employee, the supervisor, the Union xxxxxxx or representative and a representative of discipline than the Human Resource Department. At that meeting, the participants will discuss the reasons for the proposed disciplinary action. The employee may tell his/her side of the story. Within 3 business days of the conclusion of that meeting, the employee will be notified of the outcome of the proposed disciplinary action in writing by the supervisor. The employee may have a written reprimandunion representative present at the meeting if he/she chooses. If the employee waives his/her right to Union representation, such waiver must be in writing. If the proposed disciplinary action involves removal, the employee is accorded a pre-pre- disciplinary meeting (“Xxxxxxxxxx” Xxxxxxxxxx meeting) prior to the decision to remove or suspendremove. The purpose of the meeting is to allow the accused employee the ability to tell his/her side of the story as to why he/she should not be removed. The employee will be given at least three (3) 3 business days’ days notice before the meeting. In attendance at the meeting will be the recommending supervisor if necessary, the employee, and a representative from Human Resources. The employee may have a designated Lodge union representative and/or attorney if he/she requests or signs sign a waiver indicating the waiver of his/her right to Lodge Union representation. Prior to the Xxxxxxxxxx meeting, the employee will be given a notice of the meeting along with the actual charges, a copy of all the evidence in our possession at the time (including but not limited to: summaries; reports; witness statements; audio and video recordings by mutual agreement; and summaries made in lieu of witness statements, lists of all persons interviewed, lists of any evidence gathered) and a list of witnesses that the College will use to support the allegations. There shall be no witnesses or testimony at the pre-pre- disciplinary Xxxxxxxxxx meeting. The employee may ask questions to clarify the issues and charges. However, while there will be no formal cross-examination of the employee or the supervisor. However, the Human Resources Representative representative and the Lodge Union representative and/or attorney may ask questions of all parties involved. Notwithstanding the foregoing, it is recognized that the employee is not required to answer any questions and may waive attendance at the meeting. Failure to attend the meeting will constitute a waiver of the employee’s rights to present an explanation of their actions and as a result, may lead to a decision being made without the employee’s explanation. At the conclusion of the meeting, the Human Resources Representative representative shall write a summary of the meeting and determine if there was a violation of the work rules, policies or procedures. That report shall be sent to the Vice President and General Counsel of Human Resources within five (5) business days of the conclusion of the meeting. The supervisor, Vice President for that area, and the Vice President General Counselof Human Resources/Designee designee shall meet and make a recommendation to the President. The employee will be notified of the President’s decision in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Pre-Disciplinary Meeting. If the proposed disciplinary action involves a higher level of discipline than a written reprimand, the employee is accorded a pre-disciplinary meeting (“Xxxxxxxxxx” meeting) prior Prior to the decision imposition of a suspension or termination, an employee has the right to remove or suspend. The purpose of the meeting is to allow the accused employee the ability to tell his/her side of the story as to why he/she should not be removeda meeting. The employee will may waive this meeting, which shall be given at least scheduled no earlier than three (3) business days’ notice before days following the notification to the employee. Should the employee elect to forego the pre-disciplinary meeting and accept the recommended disciplinary action as stated on the waiver form, they must sign the pre-disciplinary meeting waiver form. Absent any extenuating circumstances, failure to appear at the meeting will result in a waiver of the right to a meeting. Prior to the day of the meeting, an employee who is charged, or their representative, may make a written request for a continuance of up to forty-eight (48) hours. Such continuance shall not be unreasonably denied. A continuance may be longer than forty- eight (48) hours if mutually agreed to by the parties. Prior to the meeting, the employee and their representative shall be informed in writing of the reasons for the contemplated discipline and the possible form of discipline. When the pre-disciplinary notice is sent, the College will provide a list of witnesses and documents used to support the possible disciplinary action. If the College becomes aware of additional witnesses or documents that will be considered, they shall also be provided to the Union and the employee. In attendance at the meeting will be the recommending supervisor if necessary, the employee, their representative, appropriate management representatives, and a representative from the hearing officer as designated by Human Resources. The employee may have a designated Lodge representative and/or attorney if he/she requests or signs a waiver indicating participants will discuss the waiver of his/her right to Lodge representation. Prior to reasons for the Xxxxxxxxxx meeting, the employee will be given a notice of the meeting along with the actual charges, a copy of all evidence in our possession at the time (including but not limited to: summaries; reports; witness statements; audio and video recordings by mutual agreement; and summaries made in lieu of witness statements, lists of all persons interviewed, lists of any evidence gathered) and a list of witnesses that the College will use to support the allegations. There shall be no witnesses or testimony at the pre-proposed disciplinary Xxxxxxxxxx meetingaction. The employee may tell their side of the story and may ask questions to clarify the issues and charges. However, while there will There shall be no formal cross-examination of the employee employee, witnesses, or the supervisormanagement representatives. However, the Human Resources Representative and the Lodge representative and/or attorney Department designee may ask questions of all parties involved. Notwithstanding At the foregoing, it is recognized that the employee is not required to answer any questions and may waive attendance at the meeting. Failure to attend the meeting will constitute a waiver discretion of the employee’s rights to present an explanation College, in cases where a criminal investigation may occur, the pre- discipline meeting may be delayed until after disposition of their actions and as a result, may lead to a decision being made without the employee’s explanationcriminal charges. At the conclusion of the meeting, the Human Resources Representative hearing officer shall write a summary of the meeting and determine if there was a violation of the work rules, policies policies, or proceduresprocedures resulting in just cause for the imposition of disciplinary action. That report shall be sent to the Vice President and General Counsel Chief Human Resources Officer within five (5) business days of the conclusion of the meeting. The supervisor, Vice President for that area, and the Vice President General Counsel/Designee shall meet and make a recommendation to the President. The employee will be notified of the PresidentPresident’s/designee’s decision in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement