Common use of Pre-Discipline Clause in Contracts

Pre-Discipline. An employee has the right to a meeting prior to the imposition of a suspension, a fine, leave, reduction, working suspension or termination. The employee may waive this meeting, which shall be scheduled no earlier than three (3) days following the notification to the employee. An employee who is charged, or his/her representative, may make a written request for one (1) continuance of up to 48 hours. Such continuance shall not be unreasonably denied. A continuance may be longer than 48 hours if mutually agreed to by the parties but in no case longer than sixty (60) days. In the event an employee refuses or fails to attend a pre-disciplinary meeting, the xxxxxxx and/or representative shall represent in the matter at hand. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the meeting, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of the xxxxxxx and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the meeting proceeding without his/her presence. Any action resulting from said meeting shall not be challengeable on the basis of the employee’s absence or lack of participation. Prior to the meeting, the employee and his/her 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 Employer will provide a list of witnesses to the event or act known of at that time and documents known of at that time used to support the possible disciplinary action. If the Employer becomes aware of additional witnesses or documents that will be relied upon in imposing discipline, they shall also be provided to the Union and the employee prior to the meeting. In the event the Employer provides documents on the date of the meeting, the Union may request a continuance not to exceed three (3) days. Such request shall not be unreasonably denied. The Employer representative or designee recommending discipline shall be present at the meeting unless inappropriate or if he/she is legitimately unable to attend. The Appointing Authority's designee shall conduct the meeting. The Union and/or the employee shall be given the opportunity to ask questions, comment, refute or rebut. At the discretion of the Employer, in cases where a criminal investigation may occur, the pre-disciplinary meeting may be delayed until after disposition of the criminal charges.

Pre-Discipline. An employee has the right to Union representation at investigatory interviews upon request if the employee has reasonable grounds to believe the interview may be used to support disciplinary action against that employee. Unless otherwise mutually agreed, the employee may elect to have a meeting prior particular Union representative in attendance, provided that such representative is on-duty and the operations of the Employer are not unduly disrupted. Prior to the imposition of discipline involving a suspensionsuspension without pay or removal, the Employer will provide the employee and the Union with a finewritten notice of the basis for the discipline (including the specifics of the alleged violation, leave, reduction, working copies of the documents and list of witnesses known at that time who may be used to support the charges) and afford the employee the opportunity to respond. For any discipline greater than a suspension or termination. The employee may waive this meeting, which shall be scheduled no earlier without pay for more than three (3) days, the Employer shall provide a pre- disciplinary conference which will be conducted within five (5) working days following the notification to the employee and the Union. The conference shall be conducted by an administrator selected from those administrators not directly in the chain of command of the employee. An employee who is charged, or his/her representative, may make a written request for one (1) continuance of up to 48 hoursThe Employer shall select the administrator. Such continuance shall not be unreasonably denied. A continuance may be longer than 48 hours if mutually agreed to by At the parties but in no case longer than sixty (60) days. In the event an employee refuses or fails to attend a pre-disciplinary meetingconference, the xxxxxxx and/or representative employee shall represent in the matter at hand. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the meeting, he/she shall be offered have the right to participate be represented by telephonethe Union. The call shall be initiated via speakerphone in the presence of the xxxxxxx and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the meeting proceeding without his/her presence. Any action resulting from said meeting shall not be challengeable on the basis of the employee’s absence or lack of participation. Prior to the meetingUnless otherwise mutually agreed, the employee may elect to have a particular Union representative in attendance, provided that such representative is on-duty and his/her representative the operations of the Employer are not unduly disrupted, by giving notice to the Employer on the response form currently utilized. The employee shall be informed in writing afforded the opportunity to offer an explanation of any alleged misconduct, to identify witnesses, and to offer documentary evidence relevant to the charge. No tape recording of the reasons for the contemplated discipline and the possible form of disciplinehearing shall be made. When the pre- disciplinary notice is sentUpon request, the Employer will provide a list of witnesses to the event or act known of at that time and documents known of at that time used to support the possible disciplinary action. If the Employer becomes aware of additional witnesses or documents that will be relied upon in imposing discipline, they shall also be provided to the Union and the employee prior to the meeting. In the event the Employer provides documents on the date of the meeting, the Union may request a continuance not to exceed three (3) days. Such request shall not be unreasonably denied. The Employer representative or designee recommending discipline shall be present at the meeting hearing unless inappropriate or if he/she is legitimately unable to attendextenuating circumstances prevent a timely hearing. A report of said conference shall be prepared by the administrator. The Appointing Authority's designee shall conduct the meeting. The Union and/or the employee shall be given thereafter have the opportunity option of submitting a written narrative directly to ask questions, comment, refute or rebut. At the discretion of the Employer, in cases where a criminal investigation may occur, the pre-disciplinary meeting may be delayed until after disposition of the criminal chargesCounty for its consideration.

Pre-Discipline. An employee has the right to a meeting prior to the imposition of a suspension, a fine, leave, reduction, working suspension or termination. The employee may waive this meeting, which shall be scheduled no earlier than three (3) days following the notification to the employee. An employee who is charged, or his/her representative, may make a written request for one (1) continuance of up to 48 hours. Such continuance shall not be unreasonably denied. A continuance may be longer than 48 hours if mutually agreed to by the parties but in no case longer than sixty (60) days. In the event an employee refuses or fails to attend a pre-disciplinary meeting, the xxxxxxx and/or representative shall represent in the matter at hand. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the meeting, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of the xxxxxxx and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the meeting proceeding without his/her presence. Any action resulting from said meeting shall not be challengeable on the basis of the employee’s absence or lack of participation. Prior to the meeting, the employee and his/her 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 Employer will provide a list of witnesses to the event or act known of at that time and documents known of at that time used to support the possible disciplinary action. If the Employer becomes aware of additional witnesses or documents that will be relied upon in imposing discipline, they shall also be provided to the Union and the employee prior to the meeting. In the event the Employer provides documents on the date of the meeting, the Union may request a continuance not to exceed three (3) days. Such request shall not be unreasonably denied. The Employer representative or designee recommending discipline shall be present at the meeting unless inappropriate or if he/she is legitimately unable to attend. The Appointing Authority's ’s designee shall conduct the meeting. The Union and/or the employee shall be given the opportunity to ask questions, comment, refute or rebut. At the discretion of the Employer, in cases where a criminal investigation may occur, the pre-disciplinary meeting may be delayed until after disposition of the criminal charges.